A trustee may appoint a Power of Attorney holder to represent them in litigation, aligning with statutory provisions and ensuring the integrity of trusteeship.

ORAL ORDER

This petition by defendant Nos.4, 5, 6, 7 and 8 in O.S.No.10/2024 on the file of the Principal District and Sessions Judge, Mysuru, is directed against the impugned order passed on I.A.No.1, whereby the trial Court permitted the respondent No.1- plaintiff to prosecute the suit through her power of attorney holder Sri.Anutham Urs.

2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

3. A perusal of the material on record will indicate that the respondent No.1-plaintiff instituted a suit in O.S.No.10/2024 through her Special Power of Attorney Holder against the petitioners-defendants and other defendants for declaration, permanent injunction and other reliefs in relation to the defendant No.1- Trust. In the cause title of the plaint as well as in the body of the plaint at paragraph No.2, the plaintiff specifically contended that she was residing in the United States of America and that since she was a permanent resident of USA at the address mentioned in the cause title, she had executed a Special Power of Attorney dated 07.02.2024 appointing her brother-in-law Sri.Anutham Urs as her lawful Power of Attorney holder to contest to prosecute and contest the present suit on her behalf. Accordingly, the respondent No.1 filed an application - I.A.No.1 for permission to permit her brother-in-law to file, prosecute and contest the suit through her said Power of Attorney holder. The said application I.A.No.1 having been opposed by the petitioners, the trial Court proceeded to pass the impugned order allowing the application, aggrieved by which the petitioners are before this Court by way of the present petition.

4. A perusal of the material on record including the impugned order will indicate that though the petitioners/defendants had taken up a contention that it is impermissible for the plaintiff to nominate or appoint a Power of Attorney holder to prosecute and contest the suit on her behalf, the trial Court has correctly and properly considered the provisions contained in Order III Rule 2 of CPC, which permit a party to prosecute the suit either through himself or through his recognized agent or pleader or authorized representative including Power of Attorney holder. The trial Court has also considered the objection raised by the petitioners, who have sought to invoke Section 47 of the Indian Trust Act in order to come to the conclusion that the said provision merely prevents a trustee to delegate his office or any of his duties to a co-trustee or to a stranger and the said provision could not come in the way of the respondent No.1-plaintiff in nominating or appointing a power of attorney holder to sue and prosecute the suit on her behalf having regard to the provisions contained in Order 3 CPC and Sections 182 to 200 of the Indian Contract Act, 1872, which permits creation of agency for the purpose of prosecuting the suit on behalf of the plaintiff. The respondent No.1 has also produced the Power of Attorney under which she nominated/ appointed her brother-in-law to prosecute the suit on her behalf.

5. Under these circumstances, the trial Court correctly allowed the application by holding as under:

ORDERS OΝ ΙΑ ΝΟ.1 ΤΟ 3

I.A.1 to 3 are filed along with main petition on 24.4.2024.

2. The Hon'ble High Court of Karnataka in Writ Petition 23106/2024 in its order dated 18.6.2025 directed to dispose I.A.s 1 to 3 within an outer limit of 30 days.

3.I.A.1 has been filed by the plaintiff under Order 3 Rule 1 and 2 R/W Section 151 of C.P.C seeking permission to file and contest the suit through her power of attorney holder.I.A.2 has been filed by the plaintiff under Order 39 Rule 1 and 2 R/W of C.P.C seeking to grant temporary injunction restraining the defendants from interfering in continuing her as a Trustee of defendant No.1 Trust.I.A.3 has been filed under Order 39 Rules 1 and 2 R/W Section 94 and