Non-exhibit power of attorney enforceable or not in court?

Dipak (Querist) 14 September 2016 This query is : Resolved
Petitioner has executed power-of-attorney deed in favor of his father for proceedings in divorce petition in court. The holder of POA (Father of the petitioner) has filed the xerox copy of deed of power-of-attorney along with list of documents (Exhibit-5) and presented the petition (Exhibit-1) in court. Court has endorsed the document (zerox copy of POA deed) as Mark-5/1. Now, the POA holder (Father of the petitioner) has been appearing behalf of petitioner and does all acts in court.
Que: Can xerox copy of deed of power-of-Attorney enforceable without exhibit it?
Que: Can court rely upon the xerox copy of power-of-Attorney deed though it is not exhibited?
Que: Can POA holder does all acts behalf of the petitioner in court though POA deed is not exhibited?
Request for citation regarding this issue.

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Devajyoti Barman (Expert) 15 September 2016
1. To conduct the case the photocopy of POA will do. However during trial original requires to be exhibit ted.
2.no
3.yes

Fro citation talk to your lawyer.

Raj Kumar Makkad (Expert) 16 September 2016
1. I think word enforceable has wrongly been used by you. It might have been maintainable. My reply is yes for limited purpose. If respondent has raised objection over the authorization of the POA holder in filing the petition and subsequent evidence then definitely such non-filing/non-production of original POA shall play a vital role. Zerox copy cannot be executed.

Guest (Expert) 16 September 2016
How you are concerned with the case of father, son & POA?

Better discuss the real problem with your own concern with the problem.

Rajendra K Goyal (Expert) 19 September 2016
Agree with the expert Devajyoti Barman.

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