Power of Attorney
SHRUTI
(Querist) 09 August 2016
This query is : Resolved
The fact of the case is that Plaintiff(wife) has given general power of attorney to her husband. Since then he is appearing for the case. My question is whether cross examination of a power of attorney holder can be taken as witness. Or the wife cross examination should be taken
kavksatyanarayana
(Expert) 09 August 2016
power attorney holder cannot be taken as a witness.
Ms.Usha Kapoor
(Expert) 10 August 2016
Dear Client,
GPA or SPAs can be cross examined. See Karnataka High Court
Smt Mahalakshmi vs Sri D Jayanna on 13 August, 2015
Author: L.Narayana Swamy where in a Supreme court decision was also cited confirming the fact that there is no bar for cross examining a GPA as a witness.
Devajyoti Barman
(Expert) 10 August 2016
Well, the supreme court has made it quite clear that POA holder can conduct the case and but can not substitute the principal while giving evidence of facing cross examination unless the POA holder has got personal knowledge and interest in the dispute.
See - Civil Appeal No. 6790 of 2003.
Devajyoti Barman
(Expert) 10 August 2016
The decision cited by my ld. friend Ms. Kapoor also conforms the view I expressed above.
Rajendra K Goyal
(Expert) 10 August 2016
Agree with the expert Devajyoti Barman.
