Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja

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