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
