Money suit

Guest (Querist) 24 January 2015 This query is : Resolved
Respected Ld. Members:

I intend to file a Summary suit under Order 37 of the CPC for realisation of a sum of money on my and my mother's behalf.

My question is whether I myself can move the petition on my and my mother's behalf? Kindly explain in the light of case-laws.

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Dr J C Vashista (Expert) 25 January 2015
Obtain POA (GPA/SPA)from your mother in your favour and proceed.

Rajendra K Goyal (Expert) 25 January 2015
Case law not provided. File case jointly.

ajay sethi (Expert) 25 January 2015
engage a local lawyer . suit has to be filed by you and your mother jointly . your mother can give you POA

Guest (Querist) 27 January 2015
Thank you Sirs.....

T. Kalaiselvan, Advocate (Expert) 27 January 2015
You can file the suit as a plaintiff No.1 and for plaintiff No.2 (your mother) through a POA executed by her in your favor. Your lawyer will take care of the issue, consult him/her.

malipeddi jaggarao (Expert) 02 February 2015
Agreed with all the experts.

prabhakar singh (Expert) 02 February 2015
Is your mother not available for even signing the plaint and vakalatnama?

Then how can she would be available for a POA.?

The first option is easier and inexpensive comparing the second as POA would involve additional expenditure.

While once she signs the plaint and vakalatnama you can alone prosecute the suit.

There is yet an other way if she is not available instantly then make her a formal defendant second set telling the reason and pray relief in her favor also.

But in case you mean she is no more then you would need a succession certigicate to be produced before the suit court before passing of the decree.In practice people file suit and succession certificate simultaneously so that it gets ready to be filed before judgement date in suit.

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