P. Usha Rao (Business) 02 May 2009

Defective execution of Power of Attorney

What happens to the main suit if the execution of power of attorney is found to be defective? The suit is filed on behalf of the plaintiff who is a NRI & hence power of attorney was given. But the defendants have filed a petition challenging the validity of the document. The executant has not signed in the Register maintained by the Notary & similarly the copy submitted by the Notary does not bear the signature of the Attorney holder and that of witnesses.

Under such circumstances, if the Court observes that the document is defective, will the suit be dismissed under these grounds.

If the suit is dismissed, justice would be delayed for another 5 years. The said suit was filed in 2004.

Please let me know what needs to be done to overcome this situation.

Thanks & regards,

P. Usha Rao

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3 Replies

jayaveladvocate (Lawyer) 02 May 2009

The court shall reopen and include the NRI as the supplementary plaintiff hear the arguments advanced on all sides and pass verdict see ruling under Order 1 Ruile 10

Y V Vishweshwar Rao (Advocate ) 02 May 2009

The NRI Filed the suit through his POA Holder , the Said POA /GPA is defective , the Defect can be rectified by execting another / new GPA admittign all the things , deeds , acts and pleadings /procceings in the suit - under the defective GPA . The suit can be further proceeded with, after New GPA exected and after filign New GPA in the court, GPA should be with effect from the date of Suit .