Power of attorney holder as plaintiff

yes, defendant can file an application under order 7 Rule 11 for the rejection of suit.

Dear Sir,

Kindly provide some case laws related to this issue.

regards

Abhay Kulshrestha

Neither power of attorney holder can file suit on behalf of principal in his own name nor he can seek injunction order in ithe interest of him.If any such suit filed in the name of power of attorney holder instead of principal, such suit is liable to be dismissed u/o 7 r 11 of CPC.

As rightly said by Mr. Goyal, in such cases, the plaint shall be rejected under 7-11 and in such situation there is no need to rely on any judgement.

Sir,

Thanks for your positive responses. But my application under O.7 R.11 has been rejected by the Hon'ble Court and as per the judgement this is not  barred by any Law. It says "This court is unable to see in what way, does section 1(a) of the Power of Attorney Act 1882 bars this present suit".

Therefor I nee some case laws.

regards

Abhay

In the said case ,cause of action to file case arose only to pricipal and not to power of attorney holder so suit filed by power of attorney holder in his own name instead of principal deserves to be dismissed u/o 7 r 11 of cpc.

Sir,

I need some case laws. Please arrange to provide if available.

regards

Abhay Kulshrestha

Section 32 of the Advocates Act: Notwithstanding anything contained in this chapter, any court, authority or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

Sir/Madam,

This is not a case of representation through agent or Power of Attorney.

In this case POA holder himself filed a suit in his own name and prayed for his own interest, which are not related to real owner of the property.

Regards

Abhay