Power of attorney holder can give evidence for a firm

KmeduVishnu (Querist) 15 April 2014 This query is : Resolved
Dear Experts,

It is the suit for recovery of money being filed by the partnership firm.

Is it possible to commence the Trial by appointing a Power Agent who authorised by the Managing Partner throu registered Special Power of Attorney to conduct the case on behalf of the firm for particular case.

Under this circumstances is it necessary by the Managing Partner to come to court and to give evidence.

Kindly advice in this regard.

Thanks in advance.

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ajay sethi (Expert) 15 April 2014
managing parter has to give evidence . POA wont have any personal know ledge about the facts of the case

Devajyoti Barman (Expert) 15 April 2014
Managing partner can fight the case. He does not need any POA.

Advocate Bhartesh goyal (Expert) 15 April 2014
Though firm can appoint and authorised any person as power of attorney to contest the case on behalf of firm but POA holder should have personal knowledge about the facts of case othewise his evidence will not be considered.

Rajendra K Goyal (Expert) 15 April 2014
POA can file and proceed with the case but for evidence Managing Partner has to come.

Advocate. Arunagiri (Expert) 15 April 2014
The POA can initiate the proceedings and can give the evidence, what he knows. He can not give evidence on behalf the MD.

If necessary the MD has to appear and give evidence to strengthen his case.

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