ashok kumar (Social Worker) 07 October 2014

Lr as a poa + lawyer for other lr in civil suit

LR as a POA + Lawyer for other LR

In a decree execution suit filed by the Bank

1. Can one of the LR of the deceased, who is also a Lawyer, and who was also a party to the earlier suit where decree was passed, now act as a Lawyer for another LR who has challenged the decree and also the execution of the decree?

2. Can this LR, who is also a Lawyer, be a POA Holder of the other LR who has so challenged the Decree and act as a Lawyer on the strength of this POA?

3. If the answer to the above is NO then can this POA be used for filing a suit on behalf of the other LR through another Lawyer?

4. Can this POA Holder depose on behalf of the LR (in this civil case)?

Please give the relevant Law (Sections) and case citations

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 12 October 2014

For your questions:

1) No;

2) No;

3) If this POA is already a party, he cannot represent another person as a agent to another party even through another lawyer;

4)Any POA cannot depose evidence on behalf of his principle until he is in thorough knowledge of the case and able to answer the the questions during cross examination. For citations, you may have to search yourself.