Can poa holder represent suit as patry in person
S. S. Rathi
(Querist) 19 January 2016
This query is : Resolved
Sir
If have taken Power of attorney for civil suit and also wish to represent suit as party in person on behalf of Plaintiff. Can it acceptable by court.
And what is procedure for the same ?
pls guide
Devajyoti Barman
(Expert) 19 January 2016
Yes, it is acceptable for which you have to seek permission of court.
Anirudh
(Expert) 19 January 2016
Are you an Advocate?
If not an Advocate, you cannot appear before the Court and argue on behalf of the plaintiff. In any case, 'Party in person' means a person who is a party to the case can appear in person. But, a POA is not the same as party in person. Therefore on the basis of POA, you cannot represent in a suit as party in person on behalf of Plaintiff.
Based on the POA, at best, you can only submit papers to the Court on behalf of the Plaintiff.
kavksatyanarayana
(Expert) 19 January 2016
Author, agreed with the advise of Mr. Barman sir.But it should be mentioned in the POA that the Agent shall attend the courts/public offices on behalf of principal.
Anirudh
(Expert) 19 January 2016
It will be useful if it is indicated as to Which legal provision makes it possible? Otherwise such replies have no meaning.
Anirudh
(Expert) 20 January 2016
It will be useful if it is indicated as to Which legal provision makes it possible? Otherwise such replies have no meaning.
Rajendra K Goyal
(Expert) 20 January 2016
Agree with the advise from expert Anirudh.
