Maintainability of suit when not authorised by GPA
Heinrich Manoah
(Querist) 28 September 2010
This query is : Resolved
The plaintiff(daughter) authorized her father to represent her in court. It is stated that the father is the GPA holder of the plaintiff, but in reality no particular GPA was made by the daughter authorizing the father to represent. Now the opposite party claims that the suit has to be dismissed when there is no proper GPA. The daughter is ready to register a GPA now also. Please provide any citation stating that the GPA can be done even after the suit is initiated and that it a mere technical deficiency. Suggest what can be done. Please help. Thanks
Chanchal Nag Chowdhury
(Expert) 28 September 2010
Where is the problem if the plaintiff(daughter) is still prepared to execute(registration not required) GPA in favour of her father?
niranjan
(Expert) 28 September 2010
If daughter is giving GPA wherein she states that whatever done by her father is binding to her i.e. filing of suit,suit cannot be dismissed.
Heinrich Manoah
(Querist) 28 September 2010
The problem is that the GPA was not instituted initially. In the plaint it is written that the father is the GPA holder of his daughter. So the father was not having the locus standi when the suit was filed. Thanks for your replies
s.subramanian
(Expert) 28 September 2010
The suit is not maintainable.
Devajyoti Barman
(Expert) 28 September 2010
Right, the subsequent GPA would not cure the defect of earlier representation.
Heinrich Manoah
(Querist) 28 September 2010
oh. ok thanks for your help. Now what can be done?
R.Ramachandran
(Expert) 29 September 2010
If you want, better institute the suit afresh after obtaining the proper GPA from the daughter.
Legal Eagle
(Expert) 29 September 2010
It is better to withdraw the suit and file afresh. Please note what your father has done is by itself an offence, which the other side can take action against.
Better to withdraw the suit. Give your father a GPA and file afresh.
niranjan
(Expert) 29 September 2010
According O.1 rule 10,when the suit is in name of wrong plaintiff and if that is bonafide mistake it can be cured under this rule. Try this.
R.Ranganathan
(Expert) 29 September 2010
You have not stated what type of suit was filed by the father. If it is in the interest of protecting the property of the daughter then it can be allowed under specific conditions. So clarify what was the suit for.
Sachin Bhatia
(Expert) 29 September 2010
The suit is not maintainable.
Khaleel Ahmed Mohammed
(Expert) 04 October 2010
Consult your local lawyer, he will guide you how to tacle the situation. Legal Advise is different from practical professional tactics.
