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deepak makhijani (CFO)     30 March 2016

Rights of the poa to argue

I am holding a special POA from my wife to handle her case as defendant in a partition suit in which she has been given the property by the other legal heirs giving up their rights on affidavits which are now been disputed.

I have already cross examined the Plaintiff and the other Defendants in the matter

The Plaintiff lawyer is now raising objection under Order 3 Rule 2 as to the POA not being allowed to argue the matter

Please let me know if the same is valid

I am fully aware of the matters right from the beginning of the case and have reached final arguements stage where this objection has been raised

 

regards

 



Learning

 8 Replies

deepak makhijani (CFO)     30 March 2016

Yes but what if the judge agrees with the opposite party

deepak makhijani (CFO)     30 March 2016

And stops me from arguments

deepak makhijani (CFO)     30 March 2016

And stops me from arguments

(Guest)

Order 3 rule 2 enables the person the person holding the power of attorney to act on behalf of the party. Now if your POA states that you can act on her behalf then you can. And any such objection regarding the POA should have been raised earlier.


(Guest)

@ Reddi you are right 

But practical experience is that JD level Judge don't entertain In person, On ther other hand Dist. Judge and High Court Judge allows this I saw.

This JD level Judge thinks non advocate can not think legally and talk legally.

Its my experience JD level Judge takes legally contradictiory move as compred to what is writtten in books. But at time same time they have CPC sec 151 which have inheritent power of court. If Judge takes wrong stand we have to accept their wrong approach . I have also seen in such matters Judge does not pass written order.  On the contrary CPC sec 142 state all orders to be written order by Judge, So oral order they pass and discourage IN person . 

So I feel Judge  is insisting by this way /that way you come with Advocate only which may be contradictory to CPC but within the scope of CPC 151 . Judge can change the procedure  as per situation in interest of Justice .

Solution to the problem can be -- If Judge is stricit tell your wife to come and give written argument to Judge 

I feel some time Judge may feel your case bit week or she doubts your competency hence she is insisting for Advocate some where

 


(Guest)

 the property by the other legal heirs giving up their rights on affidavits which are now been disputed.

This statement which you state i was thinking , it seems case is weak , I have not seen the brief but you seems to have done transaction and avoided stamp duty and neither made proper deed . So Judge may be of opinion that you take help of Advocate 

 


(Guest)

Take the Judge view in good note instead of bad note. Some time it takes time to understand Judge inner mind. Judge also do error , but still remeber CPC 151 protects them some where 

Advocate Ram Prasad (Chief Lawyer)     31 March 2016

The whole of the above disvussion is fine complementary to the other n thus made a complete review of the subject. Sri TGK Reddy- Madhu--AdvRit Arora deserve complements .

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