'B' has filed a title suit against 'A' in the court of City Civil Judge (S.D.) as a long-cause suit. Pending its hearing, 'B' executed a power of attorney in favour of 'D' and got it registered. Later on, without consult
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2015
'B' has filed a title suit against 'A' in the court of City Civil Judge (S.D.) as a long-cause suit. Pending its hearing, 'B' executed a power of attorney in favour of 'D' and got it registered. Later on, without consulting 'D', 'B' signed a compromise deed with 'A'. 'D' challenged the compromise as it was entered into without informing him or obtaining his consent; and so it prejudiced his rights. Would 'D' succeed ? Cite case law.
Answer & Explanation:
In the present case 'B' is principal and 'D' is attorney. D being an attorney cannot claim and independent capacity in the proceedings. When the principal B signed compromise petition, in the law it amounts to implied revocation of power of attorney in favour of D vide illustration to section 207 of the Indian Contract Act. The principal B is not bound to consult his attorney D before singing a compromise petition. The above case is similar to the case of Deb Ratan Biswas & Other v. Anand Moyi Devi & Other, AIR 2011 SC page 1653 and the Hon'ble Supreme Court held that it is well settled that even after execution of a power of attorney the principal can act independently and does not have to take the consent of attorney. The attorney is after all only agent of the principal. Even after executing a power of attorney the principal can act on his own.
Topics: Power of Attorney
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