Can i file a civil suit on behalf of my parents
Divya
(Querist) 30 July 2012
This query is : Resolved
Hello All
My parents property was wrongly attached by the bank & alongside bank is also responsible for malicious legal proceedings & legal prosecution...
I want to file a defamtion suit against the bank for all these heinuous acts..
The question is my parents should ideally be filing the suit but they are very aged, I wish to file the suit for damages on their behalf...
Should I obtain a General Power of Attorney so that I file a suit in court on their behalf & will their be signs be needed except on the GPA....
Also Is there any provision in CPC which clearly states that another person is eligible to file suit.
Thankyou
Divya
(Querist) 30 July 2012
hELLO aLL
Just a clarification.....
Its not a defamation suit but a "damages suit for malicious legal prosecution & malicious legal proceeding"
prabhakar singh
(Expert) 30 July 2012
There is no direct provision in CPC that when
one has aged parents,can lodge cases on their behalf directly.
However you can file a suit after getting executed a notarized POA in this direction from them before filing the suit;or you can get the plaint signed by them and can get a POA for prosecuting the case.
ajay sethi
(Expert) 30 July 2012
damages suit would take 20 years for final disposal . you would end up spending money on court fees and legal fees . is it worth it ?
your parents can execute specific power of attorney in your favour authorising you to file suit on their behalf
K.K.Ganguly
(Expert) 30 July 2012
Think over your plan to start damage suit. It is meaningless since you will become old when you expect the verdict to come.
V R SHROFF
(Expert) 08 June 2013
"My parents property was wrongly attached by the bank & alongside bank is also responsible for malicious legal proceedings & legal prosecution..."
Very sorry to learn that even Banks are troubling your old parents and Adv Sethi & Ganguly says, will take 20 years, & you will get OLD .
DIVYA, VERY SORRY STATE of Adm of Justice in India.
