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A B Pralhad (Student)     20 February 2016

Power of attorney to son by plantiff in civil suit

Hi, My father / Plaintiff in Civil suit running in Taluka place court. Issues are ready and plaintiff / father has submitted the affadavit of final declaration of our plaint. 

But later third party came and court allowed to add as defendent. So we did that too.  Now my father is senior citizen (78 yrs old and sometimes they dont remembar what had happended before) , hence they want to give me a power of attorney of case.  I know each n every evidance and the whole case.

1. So my question is as father has already submitted the affadavit of final declaration, still they can give me a POA for further proceeding of the case, that includes everything - to submit the evidences, cross examine, each n every further process?  Or as final affadavit submitted, now they can't give POA to me.  Or

2. If POA given to me again I have to submit the affadavit of final declaration with my sign or previous with father sign will be continued? 

Are there any extra steps to be taken care of for POA?


 6 Replies

G.L.N. Prasad (Retired employee.)     20 February 2016

POA can be given at any time during proceeding.  As facts have to be deposed, first your father depose as witness and then obtain POA.for rest of the proceedings and also provide a medical report to substantiate his inability.

1 Like

Adv. Yogen Kakade (+ 91 9225510883)     20 February 2016

rightly answered by mr. prasad

shailendra patadia (director)     20 February 2016

Can a POA Depose for plaintiff he can be a witness but can POA depose as a plaintiff

G.L.N. Prasad (Retired employee.)     20 February 2016

Deposing for plainiff involves knowledge of facts.

A B Pralhad (Student)     20 February 2016

So suppose I took POA from father / plantiff in suit, now the case is at stage for cross examination,  then opposite side advocate will do cross examination of me as a POA holder or still he can take croos of my father who is now deposed plaintiff?

Also can opposite side advocate ask/send notice to my father for cross examination?

G.L.N. Prasad (Retired employee.)     21 February 2016

Why do'nt you take the opinion of your expert advocate, when you have paid and depending on services of others, who are not fully aware of the details ?

Respect the profession and consult him and you have to believe him as he is ultimate in making his arguments.  He may advise you to appear as witness as you know the affairs and your father can state that you have explained him things on reading documents, and any questions on documents can be sought from you.

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