Power Of Attorney

sunil pagare (Querist) 23 January 2010 This query is : Resolved
In civil suit son executed Power of Attorney to his father to depose in the Civil suit.Evidence of the Father(Attorney holder) was recorded.At the time of argument defenant's advocate argued that plaintiff was not examined hence suit is liable to dismiss. In reply Plaintiff advocate argued that POA is examine & he is conversant with suit facts therefore no need to plaintiff should step in witness box.I NEED UR HELP, IS THERER ANY CITATION OF SC ON POA PLS.PROVIDE ME.

Follow Query

Report Abuse

B K Raghavendra Rao (Expert) 23 January 2010

You do not need citations. It is an established fact under the power of attorney act that father can depose evidence on behalf of son on a power of attorney. If power of attorney holder leads evidence it is as good as the executor has lead the evidence. The court would allow it.

R.R. KRISHNAA (Expert) 23 January 2010
If it is a suit for specific performance then the evidence of POA is invalid. The defendant advocate is right. There is a citation to that effect.