SOMASUNDARAM v. IBRAHIM SAIBU.

SOMASUNDARAM   v.  IBRAHIM SAIBU.

D. C., Chilaw, 1,173.

Principal and agent-Power of attorney to minor-Civil Procedure Code, s. 24.

A minor holding a general power of attorney for his principal abroad is competent to act as his agent for the limited purposes mentioned in section 24 of the Civil Procedure Code.

UNDER section 650 of the Civil Procedure Code, plaintiff  obtained against the defendant a warrant in mesne process and had him arrested. He entered into a security bond and was released. On the 9th May, 1895, he moved to take the plaint off the file and to be discharged from the security bond, on the ground (1) that he had paid and settled the promissory note sued upon; (2) that Somasundaram Chetty, who held the plaintiffs power of attorney, and through whom the action was instituted, was a minor below the age of twenty-one years ; and (3) that the allegations made by Somasundaram Chetty in support of his motion for the warrant in mesne process were false and vexatious.

The District Judge allowed the defendant's motion after evidence heard.

Plaintiff appealed.

Dornhorst appeared for appellant, and Sampayo for defendant respondent.

3rd September, 1895. Withers, J.

The plaint has been ordered to be struck off the file, and it is this order of the 9th June last which has been appealed from.

The action is to recover money on a promissory note. The plaintiff is one Palaniappa Chetty, and the suit is instituted by his attorney, Somasundaram Chetty.

It is because this attorney has not attained the age of twenty-one years that the order complained of was made.

The question here is really this,-May not a minor holding the general powers of attorney for his principal abroad, which is indicated in section 25 (6) of the Civil Procedure Code, act as a recognized agent for the limited powers mentioned in section 24 ?

The said Somasundaram Chetty holds such a power; then why should he be not allowed to appear and act as the recognized agent of his principal ? He has appointed an attorney-at-law to prosecute his principal's suit.

He is a young man of twenty, and has been engaged in trade for the last three years. The English law which governs the relations of principal and agent in this Colony is not against him that I am aware of. A naked authority which is delegated by a 

power of attorney may be exercised by any one whether sui juris or not so long as he is of  same mind. (Co Litt. 52 a.)

 This is a pure delegation involving no liability,

Click Here to Read the rest of this document