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power of attorney holder as plaintiff

Industrial and Labour Law Consultant

Dear Sir/Madam,

Please tell me whether a Power of Attorney holder can file a suit in his/her own name as Plaintiff, and if he/she can pray for a relief in his/her own interest (injunction order in his own name).

Also tell me if The Power of Attorney Act puts any bar regarding Order 7 Rule 11(d).

I'll be thankful to you if you can provide some case Law .

Regards

Abhay Kulshrestha

 
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PANELADVOCATE

The power of attorney is only agent hence he cold not file himself for owninterest

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ASSOCIATE

yes, defendant can file an application under order 7 Rule 11 for the rejection of suit.

 


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Industrial and Labour Law Consultant

Dear Sir,

Kindly provide some case laws related to this issue.

regards

Abhay Kulshrestha

 
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Neither power of attorney holder can file suit on behalf of principal in his own name nor he can seek injunction order in ithe interest of him.If any such suit filed in the name of power of attorney holder instead of principal, such suit is liable to be dismissed u/o 7 r 11 of CPC.


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ASSOCIATE

As rightly said by Mr. Goyal, in such cases, the plaint shall be rejected under 7-11 and in such situation there is no need to rely on any judgement.


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Industrial and Labour Law Consultant

Sir,

Thanks for your positive responses. But my application under O.7 R.11 has been rejected by the Hon'ble Court and as per the judgement this is not  barred by any Law. It says "This court is unable to see in what way, does section 1(a) of the Power of Attorney Act 1882 bars this present suit".

Therefor I nee some case laws.

regards

Abhay

 
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In the said case ,cause of action to file case arose only to pricipal and not to power of attorney holder so suit filed by power of attorney holder in his own name instead of principal deserves to be dismissed u/o 7 r 11 of cpc.


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Industrial and Labour Law Consultant

Sir,

I need some case laws. Please arrange to provide if available.

regards

Abhay Kulshrestha

 
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Advocate

Section 32 of the Advocates Act: Notwithstanding anything contained in this chapter, any court, authority or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.


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