National Bank Of India Ltd. V. George Gill

1930 Present: Garvin A.C.J, and Jayewardene A.J.

NATIONAL BANK OF INDIA, LTD. v. GEORGE GILL.

68-D. C. (Inty.) Colombo, 36,476.

Warrant of attorney to confess judgment given by attorney-Power of attorney giving specific authority-Mortgage bond-Civil Procedure Code, s. 31.

A warrant of attorney to confess judgment under section 31 of the Civil Procedure Code cannot be given and executed for a person, and in his name by an agent of that person even where the agent is given specific authority to do so.

Where a warrant of attorney to confess judgment is filed with a plaint, the District Judge has no power to make it a rule of Court, requiring an affidavit in proof of the fact that the proctor attesting the signature of the person granting the warrant had, in fact, been chosen by him, and that the debt was truly due.

APPEAL from an order of the District Judge of Colombo. The plaintiff sued the defendant upon a mortgage bond, No. 178 of June 28, 1926. With the plaint the proctor for plaintiff tendered a warrant of attorney to confess judgment directed to Mr. C. M. G. de Saram, a proctor of the Supreme Court, and moved

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