Rigours of UAPA Melt Before Article 21: Jharkhand High Court Grants Bail After Six Years of Incarceration Accused Cannot Challenge in Arguments What He Never Challenged in Cross-Examination: Himachal Pradesh High Court Upholds POCSO Conviction Counterblast Plea, Civil Dispute Defence No Shield When Cognizable Offence Is Disclosed: Allahabad High Court Refuses To Quash FIR Against Ex-Driver Accused Of Outraging Modesty Lawyers Who Burned a Colleague's Furniture for Defending Toll Workers Have Tainted a Noble Profession: Supreme Court A Suspicious Dying Declaration Cannot Hang a Man: Calcutta High Court Sets Aside Murder Conviction IQ of 65, Memory Loss, Frontal Lobe Damage: Supreme Court Holds Brain-Injured Manager Suffered 100% Functional Disability, Enhances Compensation to ₹97.73 Lakh Cannot Be Forced to Pay Gratuity to Retired Employees Who Refuse to Vacate Company Quarters: Supreme Court Victim Who Incited Riot Inside Court Cannot Blame Accused for Trial Delay: Supreme Court Grants Bail in Section 307 Case You Cannot Sell What You Don’t Own: ‘Vendor’s Half Share Means Buyer Gets Only Half’ : Andhra Pradesh High Court Nagaland's Oil Laws Face Constitutional Challenge: Gauhati High Court Sends Union-State Dispute to Supreme Court Order 22 Rule 3 CPC | Will's Validity Cannot Be Decided in Substitution Proceedings: Himachal Pradesh High Court 6-Year-Old Loses Arm To Live 11kV Wire Passing 'Almost Touching' Her Balcony: Punjab & Haryana High Court Awards Rs. 99.93 Lakh To Child Despite Nigam Blaming Father For 'Extending Balcony' Supreme Court Invokes Article 142 To Quash Rape & POCSO Conviction After Marriage Between Accused And Victim NGT Cannot Order Demolition of Temple On Ground of Encroachment of Park: Supreme Court Quashes Removal Order For Want of Jurisdiction Hostile Witnesses & Doubtful Recovery Can Collapse Prosecution: J&K High Court Sets High Threshold for Criminal Proof Compassion Cannot Override the Clock: Karnataka HC Denies Job to Guardian Aunt Despite 2021 Rule Change” Second Marriage During Pendency of Divorce Appeal Is Void: Kerala High Court Appearing in Exam Does Not Cure Attendance Deficiency: MP High Court Upholds 'Year Down' Against BBA Student With Sub-30% Attendance Patna High Court Directs Bihar To Submit Detailed Rehabilitation Plan For Recovered Mental Health Patients, Expand Half-Way Homes Across State Rajasthan High Court Upholds Refusal to Drop Bharat Band Stone-Pelting Case

Delhi High Court Rules PoA Holders Cannot Depose on Principal's Behalf in Property Disputes, Stresses Personal Knowledge Requirement

26 August 2024 11:43 AM

By: sayum


The Delhi High Court, in a recent ruling, dismissed an appeal challenging a lower court’s decision that rejected a claim for the recovery of Rs. 13,20,000 along with interest in a property transaction. The judgment, delivered by Justice Purushaindra Kumar Kaurav, emphasized the limitations on the role of Power of Attorney (PoA) holders in legal proceedings, particularly highlighting that a PoA holder cannot depose on behalf of the principal in matters requiring personal knowledge.

The appellant, Nitin Kumar, had filed a civil suit through his Special Power of Attorney (SPA) holder, his father Suresh Pal, seeking the recovery of Rs. 13,20,000 along with 15% interest per annum. The amount in dispute was paid as earnest money under a "bayana" agreement for the purchase of a plot of land in Old Garhi Mendu Village, Delhi. The appellant claimed that the respondent, Jagat Singh, failed to provide the necessary title documents for the land, which was later discovered to be government-owned, thereby making the sale deed execution impossible.

The respondent countered that the appellant was aware of the land's status and failed to make the remaining payments within the agreed timeframe, leading to the forfeiture of the earnest money. The trial court had dismissed the suit, finding that the forfeiture was valid under the terms of the agreement, and the appellant's inability to personally testify was a significant shortcoming.

Court Observations and ViewsThe High Court underscored the legal principle that a Power of Attorney holder can only perform acts on behalf of the principal that fall within their personal knowledge or that they have directly conducted. The Court stated, "The word ‘act’ in Order III Rule 1 of the Code of Civil Procedure (CPC) is confined to acts done by the power of attorney holder within the scope of the authority granted. It does not extend to deposing in court on behalf of the principal regarding matters requiring personal knowledge."

The Court observed that since Suresh Pal was merely a witness to the agreement and not involved in the transaction's execution or subsequent developments, he could not competently testify about the appellant's personal knowledge or intentions. The appellant’s failure to personally appear in court and provide testimony led the Court to draw an adverse inference against him, adhering to the established legal principle that a party who does not testify in support of their case raises doubts about its veracity.

In its analysis, the Court referenced several Supreme Court judgments, including Janki Vashdeo Bhojwani v. Indusind Bank Ltd. and Vidhyadhar v. Manikrao, to reiterate that the burden of proof lies on the party asserting the claim. The Court emphasized that in cases involving personal knowledge, such as the intention to complete a transaction or the reasons for not doing so, the principal must testify.

Justice Kaurav remarked, "A Power of Attorney holder, particularly when not involved in the transaction, cannot depose on behalf of the principal regarding facts that require personal knowledge. This limitation is crucial in ensuring the integrity of evidence presented in court."

The Delhi High Court's dismissal of the appeal serves as a reaffirmation of the limitations on the role of Power of Attorney holders in litigation, particularly in matters requiring personal testimony. This ruling underscores the importance of principals directly participating in legal proceedings, especially when their knowledge and intentions are central to the case. The judgment also reinforces the legal principle that the burden of proof lies with the party asserting the claim, who must substantiate their case with credible evidence.

Date of Decision: August 21, 2024​.

Nitin Kumar v. Jagat Singh

Latest Legal News