Appearance through power of attorney

JAIME (Querist) 01 February 2018 This query is : Resolved
The Person who executed the Power of Attorney in favor of a Person appointed to represent him in Courts acquired Foreign Nationality after he executed the said Power of Attorney. The Representative attended a Case since 2008 before the Director of Panchayts and the opposite party lost the case in 2017 therefore they filed a Revision Application of that subject matter before the District Court. After filing the Revision application the opposite party learnt that the person who executed the Power of Attorney is holding a Foreign Nationality. Now the Opposite Party want to raise this issue of Foreign Nationality before allowing the Power of Attorney Holder to file the reply to the Application for Revision. Can the District Court permit the Opposite Party begin an Argument on the Power of Attorney and examine the Power of Attorney Holder in Court to know if the Person who executed the Power of Attorney is a Foreign National without first filing a written plea?

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Vijay Raj Mahajan (Expert) 01 February 2018
Power of Attorney of foreign national is admissible in the court proceedings provided it is executed/(authenticated and attested) in the prescribed manner to make it absolutely valid in Indian courts. Foreign national can give power of attorney duly signed and notarised. The POA should be bearing Apostile stamping from the foreign government as per the Hague Convention. The person getting POA has to get the POA authenticated by the SDM office of his district and then use it for the purpose it has been given to him.