The High Court dismissed a civil revision petition challenging a lower court order allowing a General Power of Attorney holder to represent respondents residing in a foreign country in a suit for declaration and recovery of possession.
Civil Revision Petition dismissed. No costs.
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THE HON'BLE MR JUSTICE GHULAM MOHAMMED
C.R.P.No.4369 of 2011
ORDER
The petitioner filed O.S.No.3364 of 2004 in the Court of XXI Junior Civil Judge, City Civil Court, Hyderabad, for declaration and recovery of possession against the respondents. In the said suit, the respondents filed I.A.No.743 of 2010 under Rule 32 of Civil Rules of Practice seeking to permit the General Power of Attorney to appear on their behalf to defend the case. Through order dated 14.07.2011, the Court below allowed the said I.A. Aggrieved by the same, the petitioner filed the present civil revision petition.
2. The suit is of the year 2004. The record shows that though the respondents filed written statement in 2004, there is no progress in the suit. As the respondents are residing in foreign country, they executed the General Power of Attorney in favour of one of their relatives. Since the GPA in the present case is only to contest the matter before the Court and to defend the case of the respondents, the Court below permitted the GPA holder to represent the case on their behalf. I find no infirmity in the order impugned warranting interference by this Court.
Accordingly, the Civil Revision Petition is dismissed. No costs.
_____________________ GHULAM MOHAMMED, J
Date:03.12.2011 sj
2 issues framed by the court
Whether interference is warranted in the order allowing a General Power of Attorney holder to represent respondents residing abroad.
Whether the lower court committed any infirmity in permitting the GPA holder to defend the case.
Petitioner
Respondents
GHULAM MOHAMMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
