general power of attorney

Querist : Anonymous (Querist) 09 December 2009 This query is : Resolved
whether the general power of attorney holder can depose on behalf of the plaintiff or defendant. If he can depose , than to what extent.

implications of order III of cpc.

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Raj Kumar Makkad (Expert) 09 December 2009
Such GPA holder can fully depose in place of his master in the same capacity as if his master was there to depose and Order 3 of CPC contains no bar performing this deposition as depositing being made by him is by the plaintiff or defendant through him.

S. Bharath (Expert) 09 December 2009
There is no bar on any person, leave alone a Power Agent, from deposing on behalf of a party to a proceeding; however, he/she can depose to facts that he is capable of deposing about; in other words, he should be privy to the facts that he seeks to prove. He does not acquire testimonial capacity purely based on the Power of Attorney.

Devajyoti Barman (Expert) 09 December 2009
In the context of the judgement passed by the apex court the constituted attorney can not depose in a matter which he is not a part.

N.K.Assumi (Expert) 09 December 2009
order 3 is very clear in that ...except where otherwise expressly provided by any law for the time being in force, be made by a pleader or done by the party in person, or by his recognized agent. Accordingly the function of holder of PA is limited by law, and what is expressly provided by law can not be made vicariously through PA.

niranjan (Expert) 09 December 2009
The judgments are of both sides,but deposition will be valued only to the extent the gp holder has personal knowledge and that is the limitation only.

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