Power of Attorney Holder cannot depose for principal
A Power of Attorney Holder cannot depose for principal in respect of matters of which only principal can have personal knowledge and in respect of which the principal is liable to be cross-examined, says the Supreme Court (SC) in Janki Vashdeo Bhojwani & Anr. v Indusind Bank Ltd. & Ors [AIR 2005 SC 439].
The SC reaffirms the above dictum in Rajesh Kumar v Anand Kumar [2024 INSC 426].
CPC does not permit deposing on behalf of plaintiff
The SC adds that the Order 3 Rule 1 & 2 of the Code of Civil Procedure (CPC) empowers the holder of power of attorney to “act” on behalf of the principal. The word “acts” employed in Order 3 Rules 1 & 2 CPC confines only to in respect of “acts” done by the power-of-attorney holder in exercise of power granted by the instrument. The term “acts” would not include deposing in place and instead of the principal.
In other words, if the power-of-attorney holder has rendered some “acts” in pursuance of power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for the acts done by the principal and not by him.
Similarly, he cannot depose for the principal in respect of the matter of which only the principal can have a personal knowledge and in respect of which the principal is entitled to be cross-examined.
Power of Attorney holder cannot be a witness for plaintiff
In the case of Shambhu Dutt Shastri v State of Rajasthan the Rajasthan High Court held that a general power-of-attorney holder can appear, plead and act on behalf of the party but he cannot become a witness on behalf of the party. He can only appear in his own capacity. No one can delegate the power to appear in the witness box on behalf of himself. To appear in a witness box is altogether a different act.
A general power-of-attorney holder cannot be allowed to appear as a witness on behalf of the plaintiff in the capacity of the plaintiff.
References
- Janki Vashdeo Bhojwani & Anr. v Indusind Bank Ltd. & Ors [AIR 2005 SC 439]
- Shambhu Dutt Shastri v State of Rajasthan
- Rajesh Kumar v Anand Kumar [2024 INSC 426]
