power of attorney
Navjot Singh Wahniwal
(Querist) 02 February 2010
This query is : Resolved
In a proceeding under Order IX Rule 13 CPC the applicant appears through her mother as his attorney. Applicant is not duly served. The report of process server that the applicant was untracable and the court ordered publication and then proceeded exparte. The applicant not residing at the address given in the plaint but that place is his permanent home. HIs mother and wife residing at the adddress given in the plaint.Can the attorney (mother) of the applicant competent to depose as witness? Is the personal presence of applicant as witness required?
Raj Kumar Makkad
(Expert) 02 February 2010
Yes. Power of attorney includes to depose on behalf of principal.
Bhumik Dave
(Expert) 03 February 2010
afcorse yes. p.a. holder is empower for this.
Parveen Kr. Aggarwal
(Expert) 03 February 2010
So far as service through publication is concerned the same is not considered due service for the purposes of Order IX Rule 13, CPC (Explanation to Article 123 of the Schedule of the Limitation Act).
However, power to depose cannot be delegated to a power of attorney as held by the Supreme Court of India in case reported in AIR 2005 Supreme Court 439 titled "Janki Vasudev Bhojwani Versus Indusind Bank".
Sachin Bhatia
(Expert) 03 February 2010
Yes the attorney (mother) of the applicant is competent to depose as witness.
