Withdrawal of suit
Aushaf
(Querist) 20 December 2014
This query is : Resolved
Suit was filed by a power of attorney holder but original farmers who gave the power made a settlement with the defendants without consulting POA holder....MOU was made with a friend of POA with 1 lakh consideration application was made under order 1 rule 10 to add mou person to implead as a plaintiff.......hearing pending....can withdrawal be stopped and power of attorney holders right will be protected...........
Devajyoti Barman
(Expert) 21 December 2014
POA holder is mere agent and he can override the decision of the Principal unless the POA was coupled with interest.
If POA was executed only for the purpose of conduct of the suit then POA holder has no right to object the withdrawal of suit.
ajay sethi
(Expert) 21 December 2014
suit can be with drawn by principal . he can revoke POA given to agent
V R SHROFF
(Expert) 21 December 2014
PRINCIPAL IS IN AUTHORITY . poa CANNOT OVERRULE ACTION OF PRINCIPAL..
Rajendra K Goyal
(Expert) 21 December 2014
POA has no superiority over principal, it can be revoked.
Aushaf
(Querist) 21 December 2014
Sir my client is POA and he did all the expenses for the suit and also the court fees were paid by him so there is no way to protect his interest. one Memorandum of understanding is made between the farmers and friend of POA so can it be considered power coupled with interest because MOU had consideration of 1 lakh..
Dr J C Vashista
(Expert) 21 December 2014
Dear Aushaf,
As advised by experts I agree with them, the plaintiff (principal) and not agent/ POA is the masters dominus who can withdraw the suit any time.
You may institute another suit for recovery of the amount in terms of MOU/ Court fees paid on behalf of the principal/ plaintiff.
Aushaf
(Querist) 21 December 2014
Thank you all of you for your valuable advice.....
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
First of all the POA is an agent of the principal to execute the assignment given by the principal. Therefore the POA cannot be above principal, hence the principal can revoke the power, can withdraw the suit etc. the agent if has any grievance, should prefer a separate suit with that cause of action.
