Contesting a civil case while staying abroad?

Querist : Anonymous (Querist) 14 February 2010 This query is : Resolved
Hi All,
In a property litigation we are at the verge of filing a civil case against the builder.But my job requires me to urgently travel abroad for at least one year(not sure how long will be the assignment) for which i cannot say no as it would result in my termination as i am specially trained for that job. In this regard
1.Can i file the civil case while in india and contest it through my lawyer while i am abroad?
2.Is it necessary to appear in the in person at any point in time during the case?
3.Can i file civil case while i am abroad?

Please let me know

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Arvind Singh Chauhan (Expert) 14 February 2010
Yes it can be filed through lawyer, but in some stages your presence may be necessary. You may also issue power of attorney in favour of some other person to file suit on behalf of you.

Raj Kumar Makkad (Expert) 14 February 2010
In addition to the opinion of arvind, I suggest you to provide all rights in favour of your GPA and in that case, he shall file the case, shall depose his evidence and you shall hove not to attend the court during the trial if you desire.

Querist : Anonymous (Querist) 14 February 2010
Dear sir,
Follow up question on similar issue.
1.Can i issue a GPA solely for the purpose of filing and contesting the case?
2.Can i issue GPA to anybody?
3.When shall the GPA expire?

Regards

Parveen Kr. Aggarwal (Expert) 14 February 2010
Yes. You can issue a power of attorney solely for the purpose of filing and prosecuting the case and it may be a special power of attorney on stamp paper to be notarised and not to be necessarily registered.

Power of Attorney can be given in favour of any person whatsoever and no restriction in this regard is placed by any legal provision.

Power of Attorney executed specially for a purpose expires after accomplishment of that act. However, if you want to revoke the power of attorney at any earlier point of time, you can do so.

Parveen Kr. Aggarwal (Expert) 14 February 2010
I differ from the views expressed by Mr. Raj Kumar Makkad to the extent that a power of attorney holder can depose on behalf of the principal. In this regard, the Supreme Court of India has held that the power of attorney holder cannot give evidence as agent of the person giving power of attorney but he can depose only with regard to the facts he is having personal knowledge as witness.

If the case is of such a kind that only documentary evidence is material for determination thereof and oral evidence has negligible role to play then even the power of attorney holder can prove your case by producing the relevant documents.

Querist : Anonymous (Querist) 14 February 2010
Thanks a bunch for the info Sir

Adinath@Avinash Patil (Expert) 15 February 2010
PARVEEN IS VERY CLEAR.I AGREE WITH HIM

Raj Kumar Makkad (Expert) 15 February 2010
parveen a contrary to the earlier citation of SC has now come vide which GPA holder can depose his evidence on behalf of his principal.

Parveen Kr. Aggarwal (Expert) 15 February 2010
Mr. Raj Kumar Makkad,

Please quote the citation.

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