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Sushil Kumar Bhatia (Advocate)     01 January 2009

Power of Attorney holder cannot depose in place of principal

  Order III rule 1 & 2 C.P.C ,empower the holder of power of attorney to "act" on behalf of the principal ,In our view the word"act"employed in orderIII,rule 1&2 CPC,confines only in respect of "act"done by the power of attorney holder in exercise of power granted by the instrument.The term"act"would not include deposing in place and instead of the pricipal ,In other words,if the power of attorney holder has rendered some 'acts'in pursuance to power of attorney,he may depose for the principal in respect of such act,but he can not depose for the principal for the acts done by the principal and not by him ,similiarly,he can not have a personal knowledge and in respect of which the principal is entitled to be cross examine...
                  Allahabad Law Report 2005(58)page 440 (Supreme Court)JANKI VASUDEV BHOJWANI & OTHERS V/S INDSIND BANK LTD. & OTHERS.

 2 Replies

PALNITKAR V.V. (Lawyer)     02 January 2009

it is a very good judgment.

kumar sachin (lawyer)     02 January 2009

thanx  bhatia saab

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