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Anita a kute   04 November 2021

regarding power of attorney

whether a civil suit for partition can file through power of attorney and whether in such civil suit power of attorney can give evidence for petitioner. whether such evidence is acceptable in the eye of law.


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 3 Replies

Dr J C Vashista (Advocate)     05 November 2021

How many questions in a single question paper ?

Q 1 whether a civil suit for partition can file through power of attorney ?

Yes, an attorney can institute a suit for partition.

 

Q 2. and whether in such civil suit power of attorney can give evidence for petitioner ?

The plaintiff but not his / her attroney can depose and submit evidence.

 

Q 3.. whether such evidence is acceptable in the eye of law ?

Vague and incomplete question.

Do not post such questions to give an examination to experts on this platform, since this site is meant to help needy litigants and not an examiner.
 

1 Like

G.L.N. Prasad (Retired employee.)     05 November 2021

The POA can give evidence in his individual capacity on such facts known to him and not as an agent for the plaintiff. (EX: The son-in-law stays abroad, and gave POA to his father-in-law.  As a plaintiff, the son-in-law has to file a deposition.  The father in law, who was present when the negotiations have taken place within his son in law's family and represented his son in law, may be a witness to those facts known to him when he represented his son in law during negotiations/settlements)

P. Venu (Advocate)     05 November 2021

Yes, the POA cannot depose on matters within the personal knowledge of the principal.


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