...power of attorney had not been produced as required under Order III Rule 2 of CPC. The apprehension of the counsel for the petitioner that plaintiff being an old person, she is e...of attorney holder and the present order may come in the way of plaintiff being represented through her power of attorney holder in the course of trial has no basis in as much as.... 4. A memo had been presented by the plaintiff through her Power of Attorney who sought the same relief. The said memo was also dismissed stating that the power of ...

...plaintiffs 1 to 7, Said application came to be resisted by the defendant by filing objections contending interalia that original General Power of Attorney is not produced and without production of original ...03.02.2015 whereunder IA-I filed by the plaintiffs under Order III Rule 2 of CPC has been allowed and Power of Attorney Holder has been permitted to file the suit on behalf ..., the application is liable to be rejected.3. Perusal of the impugned order would indicate that as per the pleadings, Power of Attorney Holder is claiming to have knowledge of entire facts...

...trial and the petitioner's application under Order III Rule 2 of the Code of Civil Procedure, 1908 [for short 'CPC'] for leave to prosecute the suit through his Power of Attorney. ...liberty to prosecute the suit/defend the respondents' suit through Power of Attorney, but in the event this Attorney is examined as a witness on behalf of the petitioner, it sha...CPC, a party to the proceedings could prosecute or defend the proceedings through an Agent/ Attorney, but the testimony of an Agent/Attorney who is not familiar with the facts and circumstances of...

.... Plaintiff has filed a suit for eviction and arrears of rent through a power of attorney holder namely Pratap Rao Kaante. On notice, respondents entered appearance and filed w...the time of filing of suit, plaintiff had stated that she resided at W.P. No.4256/2016 (Smt. Rekha Vs. Nandlal) Nagpur, therefore, she did not have time to prosecute the suit at G...it. Accordingly, the application was rejected. Learned counsel contends that at the time of filing of suit since the plaintiff was at Nagpur, therefore, the suit was filed ...

...10.02.2017 allowing the plaintiff to pursue his suit for injunction through his power of attorney by allowing his IA filed under Order 3 rule 2 of Code of Civil Procedur...by showing the name of his P.A.Holder and also by producing the original power of attorney. In view of these facts, the principles of res judicata cannot be applied as the facts are totally differ...Code of Civil Procedure, 1908, for which proper application was filed by the plaintiff giving name of the Power of Attorney Holder before the Trial Court. The present writ petitions have no...

...was taken was that the plaintiff was ever using the passage or that the plaintiff has any competency to institute the suit through a power of attorney. The plaintiff did not examine himself and issue...had no competency to institute the suit through power of attorney and it was incompetent. The second argument that is brought is that the Civil Court did not have jurisdiction and the counsel would...being exercised by any individual as a member of the public and a power of attorney which acts as such for the plaintiff's right shall be treated as including a right to exercise a power in respect ...

...produce the Power of Attorney and that resulted in the suit to be dismissed for default. The application for restoration was filed which without accompanying the Power of Attorney even at...facie observation and this shall not foreclose the defendants from taking up any plea regarding the effect of institution of the suit through a person who was never a Power of Attorney on...subsequent event of the permission to prosecute the suit through Power of Attorney produced at the Appellate Court.4. Reserving to the petitioner the above said liberty I make no...

...and executed Power of attorney in favour of accused no.5 - Vinubhai Kalabhai Bharvad instead to continue with suit proceedings. Learned advocate Mr.Gandhi submitted that factual assertion in the FIR...through Power of Attorney that shows malicious mind of the petitioners. Therefore, he submits not to quash FIR. 5. Learned APP for the respondent - State in the given..., Gandhinagar in Special Civil Suit No.52 of 2017 which is referred as suit proceedings in FIR. Learned Civil Court, Gandhinagar allowed the said withdrawal purshis on 11.03.2020 and disposed of Special...

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....It is submitted by learned counsel for respondent No. 1 that plaintiff has filed the suit through power of attorney holder Laxmichand Soni and she has not appeared as witness before learned...Court. The sale deed in favour of plaintiff has been executed on 22-01-1985. In the power of attorney Ex-P/1 she has mentioned the block number of the land as “182”, therefore, the question of...held that the power of attorney holder can depose in place of principal only to in respect of acts done by power of attorney holder in exercise of power granted...

...filed a civil suit through power of attorney Shiv Kumar Pandey. The defendants/respondents denied the claim and stated that the said property is an ancestral property and they are not encroached upon...Ms. Vandana Kasrekar, J.-The appellant has filed a bearing Civil Suit No. 50-A/2007 before the 2nd Civil Judge Class-II Mandla for declaration of title and injunction and for possession...the record. 6. In the present case, the appellant has filed the civil suit for declaration of title and injunction. The said civil suit was decreed by the trial Court on 08.02.2008...

...the pending suit, she through respondent 2 holding power of attorney, approached the High Court directly by a writ petition under Article 226 for issuance of appropriate direction restraining the.... The dispute relates to a house-property in Delhi. A suit for eviction of the appellants from the building is pending in the trial court. According to the case of the respondent 1, who is the owner of...said house property which is the subject matter of the present case is beyond the purview of the pending suit. The occasion for initiating the present proceeding with respect to this portion arose...

..., Tiruvannamalai. The Plaintiff had filed the Petition under Section Order III, Rule 2 C.P.C to institute the Suit through Power of Attorney Agent. It is the contention of the learned Counsel for ... III Rule 3 to institute the Suit on behalf of the principle through Power of Attorney agent is unacceptable in the eyes of the la...preferred this Suit. To manage the Suit in India she had appropriately executed the Power of Attorney deed in the U.S.A before the Indian Embassy. The Indian Embassy is the representative of the G...

...his application filed under Order HI Rule 2 of the Code of Civil Procedure, 1908 for leave to prosecute the suit through his Power-of-Attorney holder, who is hi...appearing for the parties and perused the impugned order.4. The trial Court has examined the matter as if the prayer in the application was to examine the Power-of-Attorney holder as a plaintiffs witness. The...trial Court to prosecute his suit through his Power-of-Attorney holder is allowed. No order as to costs.9. Petition allowed....

...through power of attorney and never examined himself as a witness, whereas as per the law laid down in the case of Janki Vasudev Bhojwani Vs. Indus Sindh Bank..., 2005(1) MPLJ 421 and Ramprasad Vs. Harnarayan, AIR Rajasthan 185, this issue has already been decided that power of attorney holder cannot depose in place ...Judge, Sheopur, in Regular Civil Appeal No.1-A/2014. The case of the appellant before the learned trial Court i.e. 1st Civil Judge, Class II, Sheopur, in Civil Suit No. 31-A/2013 was for permanent...

...second appeal No. 130/04 was also dismissed by this Court vide judgment dated 19-7-2004. It is submitted that earlier also Satya Narayan filed a suit through power of attorney in the year 1989 which was...owner of the property. It is alleged that Satya Narayan filed the civil suit in the Court of 7th Civil Judge, Class-I, Indore which was numbered as 105-A/03 which was dismissed vide judgment dated 13-1...This order shall also govern the disposal of R.P No. 148/12 and W.P Nos. 2180/12, 2240/12, 3219/12, 3584/12, 3586/12, 3587/12, 3704/12, 3705/12, 3706/12, 3792/12, 3895/12, 3896/12 and 3911...

...suit through Power of Attorney of plaintiff No.1 Ram Charan Ratre for declaration and permanent injunction in respect of the land bearing Khasra No.861, ad measuring 0.33 acre situated at...BILASPUR SA No. 108 of 2017 1 - Union Of India Through Its General Manager, South East Central Railway Zone Office Bilaspur..., Chhattisgarh 7 - State Of Chhattisgarh, Through Collector Bilaspur, Chhattisgarh .................Defendant No.3, District : Bilaspur, Chhattisgarh...

...filed by defendant holding that Power of Attorney executed by Principal namely, plaintiff in favour of agent Sri Sathyanarayana Rao included the authority to file suit for recovery of money al...instituted by the plaintiff through the Power of Attorney for recovery of money is not maintainable and liable to be dismissed. This aspect having not been considered while examining I.A.No.II by the...sale agreement and the sale deed together with value of the short fall land, plaintiff filed the suit in question. The plaint has been presented to by the Power of Attorney holder of plaintiff ...

...Procedure, 1908 [for short, 'the CPC'] for permission to prosecute the suit and tender evidence through his power of attorney. 2. The petitioner, in support of this applicatio...transactions relating to the subject property. The petitioner is categorical that this power of attorney is personally acquainted with the facts and circumstances of the case. The civil Court has rejected the petit...power of attorney. 3. The application for permission to prosecute the suit through a...

...through power of attorney being a act of fraud. In fact, the petitioner though aware of the filing of such proceedings and also withdrawal of the said suit, suppressed t...deed is in favour of the petitioner and he is cultivating the same. But due to fraud committed on the Court of law at Vadodara, power of attorney in the name of Mr. Suryakant Keshavlal Shah i.e. t...challenged the authority of power holder to withdraw the suit unconditionally and according to the petitioner, the power holder of the respondents herein played fraud upon the Court for which no any...