Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 - s.151 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s.151 - Appellants filed partition suit against the respondents - Respondents had executed General Power of Attorney in favour of two persons (to manage and collect rent of the immovable property but not conferring any right regarding title to the property) which was registered - Parties to the suit entered into compromise - Trial Court passed decree in terms of the compromise - Subsequently, Respondents filed miscellaneous petition through one of the attorneys ('SJ, for recalling the decree on the allegation that the signatures on the compromise were forged - Petition dismissed by trial court- Respondents filed revision before High Court which was allowed - On appeal, held: The finding of fact recorded by the trial court that there was no forgery was based on material on record and could not have been validly interfered with in Civil Revision by the High Court - The trial court rightly held that 'S' was only an attorney and could not claim any independent capacity in the proceedings ""'.' The principal (Respondents) signed the compromise for partition of the property, which in law amounts to implied revocation of power of attorney in favour of 'S' -Respondents cannot' be allowed to say that their own act of signing the compromise petition was collusive and fraudulent - The High Court observed that Respondents should have consulted the power of attorney 'S' before signing the compromise petition - This is a strange kind of reasoning - The principal is not bound to consult his attorney before signing a compromise petition - The High Court also held that if 'S' was not willing to sign the compromise petition his unwillingness should have been mentioned in the compromise petition - This also is a strange reasoning - The impugned judgement of the High Court is set aside and the order of the trial court is restored - Contract Act, 1872 - s. 207,Illustration.Deeds and Documents - Power of Attorney - Execution of- Effect - Held: Even after execution of a power of attorney the principal can act independently and does not have to take the consent of the attorney - The attorney is only an agent of the principal. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 300 |
Petitioner | Deb Ratan Biswas And Ors. |
Respondent | Most. Anand Moyi Devi And Ors. |
SCR | [2011] 7 S.C.R. 303 |
Judgement Date | 2011-04-15 |
Case Number | 2728 |
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