Can i take objection against power of attorney
francis
(Querist) 14 March 2012
This query is : Resolved
My cousin who is an NRI has put a civil case in court one is for ciVil suit and the second for stay order,he has given his friend (POA) power of attorney who does not know any thing, nor head nor tale about the matter,can i take objection against the power of attorney,the money matter and the property matter was not done in front of the power attorney guy,this was done many years back with my cousin,and this guy has become my cousins brothers friend 5yrs back,i wanted my cousin to come in front of the court, as all transaction was done by him.....is there any way that he can be called from NEWZELAND,without him the case will just keep on going on and on for years.
ajay sethi
(Expert) 14 March 2012
since your cousin is unable to attend to court matters your cousin has given power of attorney to his friend to file case , affidavits etc .
at time of givng evidence your cousin will have to come to india as POA must not be having any personal knowlwdge of the case . your wishes will be fulfilled
Raj Kumar Makkad
(Expert) 14 March 2012
First turn of leading evidence shall be of your cousin so let him come and you shall get full opportunity to cross-examine him and if he do not come in the witness box then you put the entire documents before POA and get those exhibited. Non evidence of your cousin shall go in your favour. You should lead your evidence when the evidence on behalf of your cousin is closed.
V R SHROFF
(Expert) 16 March 2012
POA holder cannot depose.
petinr have to be present for cross exam personally
