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sreekanth (Advocate )     14 October 2025

Can a co-defendant (daughter) grant general power of attorney to another defendant (father)

Can a Co-defendant (Daughter) grant General Power of attorney to another defendant (father) in the same civil suit. who is living abroad (UK). i have filed GPA along Order 3 rule 2 CPC petition and my petition was returned by the court with an endorsement seeking an explanation as follows : ( how one party can represent another party by virtue of Special power of attorney, Hence Returned) kindly advice me on this present aspect along with any relevant ciatiation ) 



 7 Replies

P. Venu (Advocate)     14 October 2025

What is the necessity of PoA? Procedure permits more than one defendant to have the same advocate. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 October 2025

One defendant can represent another defendant in a civil suit by filing a petition under Order III, Rule 2 of the Code of Civil Procedure (CPC) with an attested and notarized power of attorney (PoA) deed, but the court may still require the represented party to appear in court. A party can authorize an agent to act on their behalf, and the court will decide if the agent can fully represent them. 

The defendant must grant authority to the other defendant through a notarized and attested power of attorney deed, which clearly defines the scope of the agent's authority. 

While a PoA holder can often file documents and represent the party in procedural matters, they may not be able to conduct the full act of pleading, which includes examining and cross-examining witnesses, without specific court permission. 

Draft a detailed PoA deed that clearly outlines the authority granted to the other defendant. Ensure it is notarized and attested.

File a petition with the court requesting leave to appear through the authorized agent.

1 Like

Advocate Bhartesh goyal (advocate)     14 October 2025

Yes, defendant can appoint another defendant as his power of attorney  in same suit subject to that their interest must not be conflicted. 

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kavksatyanarayana (subregistrar/supdt.(retired))     14 October 2025

Yes. A co-defendant shall give authorisation to one of the defendants through a Power of Attorney, which should be attested and notarised.  As the power of Attorney will be executed by the co-defendant who is abroad, and attested and notarised abroad shall be validated after receipt in India within 3 months.

1 Like

sreekanth (Advocate )     14 October 2025

Thank You Sir i appreciate your valuable advises . Both the  defendants ( father is contesting the case here,daughter  lives in the Uk) were set party long time and Summons were not served upon them duly therefore no knowledge of the suit and recently it came to their knowledge. Therfore I have filled O9 Rule7 CPC , Section 5 Limitation Petition  and A GPA along with Rule 32 R/W Order 3 Rule 2CPC. Now my petitions were returned by an endorsement on the petition as follows (Explain how one party can represent another party buy the virtue of special power of attorney ? Hence returned) Both defendants who are father and daughter own one acre of the land each on their names and the said suit was filed by the defendants for declaration and consequential reliefs. 

T. Kalaiselvan, Advocate (Advocate)     15 October 2025

Actually if there are two defendants, one can file the written statement and the other can adopt the same hence there's no necessity for the other to authorise other one by GPA deed 

1 Like

P. Venu (Advocate)     16 October 2025

Why the GPA - as the advocate, you can represent both the parties. 

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