LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

T.K.DAS   03 June 2025

Power of attorney for legal proceedings

Good evening, Experts!

This is regarding power of attorney for using in legal proceedings. 

One person is going to USA in a few days and he wants to authorize his own brother to handle three existing civil suits and also any new civil suits that may be filed against him/them in future. The brothers also have plans to file new civil suits against others, if necessary. 

One of the immediate needs is to file a counter affidavit in a petition (IA interlocutory application) in a civil suit on behalf of him. However, that petition itself is undergoing amendments and it is not likely to be ready before he goes to USA. 

So, the main query is whether the agent (holder of general power of attorney) be able to sign on affidavits and counter affidavits on behalf of the principal? Is there any rule that the principal alone should sign affidavits and counter affidavits? 

Whether the agent can sign on any Court documents such as plaints, written statements, petitions, IA, memos etc on behalf of the principal, assuming that the general power of attorney is drafted accordingly? 

The reason I am asking this question is somebody told me that the agent cannot give oral evidence (examination, cross examination etc) on behalf of the principal. and that the principal himself should come to the court and give oral evidence and get himself cross examined. 

So, I want to know whether there are any such restrictions in using general power of attorney in legal proceedings in Courts. 

Whether it is mandatory to register general power of attorney for using it in legal proceedings in Courts? 

Whether a special power of attorney would be better than general power of attorney? 

The main query is whether the agent (power of attorney holder) be able to sign on a counter affidavit in an IA in a civil suit? This requirement is coming up soon. 

Thanks to all advocates in advance. 

T.K.DAS



 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 June 2025

He shall give a General Power of Attorney before he moves abroad for the purposes of civil suits and vakalats and to attend to the court.

1 Like

Dr. J C Vashista (Advocate )     04 June 2025

On the strength of registered GPA (not SPA) the agent/ attorney is right person to act for and on behalf of principal/ executant of attorney. 

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 June 2025

In India, a General Power of Attorney (GPA) allows an agent to act on behalf of the principal in various legal matters, including filing documents in court.

 However, there are some important limitations: Signing Affidavits & Counter Affidavits: Generally, an agent can sign affidavits and counter affidavits on behalf of the principal, provided the GPA explicitly grants such authority.

 However, courts may require the principal to personally affirm certain affidavits.

 Signing Court Documents: If the GPA is properly drafted, the agent can sign plaints, written statements, petitions, interlocutory applications (IA), memos, and other legal documents on behalf of the principal.

Giving Oral Evidence: The agent cannot give oral evidence (examination, cross-examination) on behalf of the principal. Courts generally require the principal to appear personally for testimony.

Registration of GPA: Registration of a GPA is not mandatory unless it involves transactions related to immovable property.

However, a registered GPA carries more legal weight and credibility. General vs. Special Power of Attorney: A Special Power of Attorney (SPA) is more specific and grants authority for particular legal actions.

 If the primary concern is handling court cases, an SPA tailored for litigation may be preferable.

For urgent matters like signing a counter affidavit in an IA, the agent should ensure the GPA explicitly grants such authority. If there is any doubt, consulting a legal expert would be advisable

1 Like

T.K.DAS   04 June 2025

Good evening, Experts!

I am very grateful to all of you for answering my queries on power of attorney. 

Thanks and regards, 

T.K.DAS

T. Kalaiselvan, Advocate (Advocate)     05 June 2025

You can give your brother a Power of Attorney (POA) to represent you in your civil case in India. A POA is a legal document that authorizes someone (the agent) to act on your behalf in specific matters.

 In this case, your brother could be designated as your agent to handle the civil case. 

This authority can be broad or limited, depending on the type of POA and the specific instructions outlined in the document. 

If you are unable to attend court hearings, or if you are out of the country, a POA can allow your brother to represent you effectively. 

Your brother can handle the necessary paperwork and legal procedures without you having to be present. 

You will need to create a legal document that clearly outlines the powers granted to your brother.

While not always mandatory, registering the POA with the appropriate authorities can add further validity and ensure that it is recognized by the court. 

The POA should clearly specify the actions your brother is authorized to take in the civil case. 

This might include representing you in court, engaging legal counsel, signing documents, and receiving court orders. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register