Urgent help- affidavits in o 39 r 1&2 cpc of abroad plaintiffs

Rajat sahotra (Querist) 27 October 2011 This query is : Resolved
Appeal is to be filed of the judgement and decree order of the lower court and also a application of O 39 R 1&2 CPC for Injunction against the parties.

Now affiadvits are to be enclosed with the application O 39 R 1&2 CPC but the 3 of the appealing parties out of 4 are abroad .

What could be the remedy and how their affidavits can be enclosed with O 39 R 1&2 CPC ?

Whether a power attorney made in foreign in favour of one of parties to sign and appear in court is valid in an Indian court.

One party is in India and others cannot come to india to sign the Affiadavits.

What else is the remedies?

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ajay sethi (Expert) 27 October 2011
have power of attorney executed by 3 parties in favour of party in indiaauthenicated before indian consulate . it has to be stamped within period of 3 months on receipt in india

Raj Kumar Makkad (Expert) 27 October 2011
There is no need of their affidavits and a long excercise. An affidavit filed by single appellant residing in India is sufficient in support of application on behalf of all 4 appellants as they all have common interest. Such affidavit is legally admissible. We do daily even for the parties coming in person to court. Any of them files his affidavit.

prabhakar singh (Expert) 27 October 2011
The appeal may be filled by appellant residing in India and affidavit may also filed by him alone and all those who are now abroad may be arrayed as proforma respondent
with statement in memo and affidavit that appeal is being filled for their benefit also.
Later when need arises their POA MAY BE CALLED.

Advocate Bhartesh goyal (Expert) 28 October 2011
I do agree with Mr makkad. Affidavit of anyone appellant is sufficient so no need to get other appellants affidavit.

prabhakar singh (Expert) 28 October 2011
BUT HOW ALL CAN BE APPELLANT WHEN THEY ARE NOT THERE TO FILE APPEAL, Advocate Bhartesh goyal ????

M V Gupta (Expert) 28 October 2011
While I agree with Mr. Makkad, I consider that it is advisable to get the parties residing abroad to give a power of attorney in favor of the party in India authorizing him to file the appeal on their behalf and sign and file requisite affidavits, applications etc and prosecute the appeal/s on their behalf with a declaration that they will be bound by all the acts and deeds and things that their attorney takes or does pursuant to the POA and undertaking to ratify all such acts deeds and things of Attorney. The POA may be got attested by the Indian consulate in the country of their residence.

Guest (Expert) 28 October 2011
It is advisable to file appeal with temporary injunction application with affidavit of one of the parties available in india. At the same time, the other parties should execute a POA abroad at consulate showing their inability to come to india. An application to register the appeal with this limitation (as POA may take some time to reach india)as on today should be separately made.

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