PoA can depose only what he directly knows
A Power of Attorney holder can depose only about the facts within his personal knowledge, but not about those facts which he himself does not know directly, or the person whom he represents alone knows, says the Supreme court (SC) in Manisha Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].
In Janki Vashdeo Bhojwani v IndusInd Bank Ltd [AIR 2005 SC 439 ], the Supreme Court (SC) held that the Power of Attorney holder or the legal representative should have knowledge about the transaction in question to bring on record the truth in relation to the grievance or the offence.
In A.C Narayan v State of Maharashtra [AIR 2014 SC 630 ], the SC clarified that the Power of Attorney holder can depose and verify on oath before the court but he must have witnessed the transaction as an agent and must have due knowledge about it. The Power of Attorney holder who has no knowledge regarding the transaction cannot be examined as a witness.
PoA holder cannot depose what he does not know
The SC, in Rajesh Kumar v Anand Kumar & Others [2024 INSC 444], says that wherein the plaintiff is required to prove his readiness and willingness to perform the contract under Section 12 of the Specific Relief Act, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff’s power of attorney holder about the plaintiff’s readiness and willingness to perform a contract.
The Sc held that the term ‘readiness and willingness’ refers to the state of mind and conduct of the purchaser (plaintiff), as well as his capacity and preparedness, one without the other being not sufficient. Therefore, a third party, the power of attorney holder, having no personal knowledge about the transaction cannot give evidence about the readiness and willingness of his principal.
Conclusion
In short, the Power of Attorney holder can depose what he directly knows. But he cannot depose matters such as the readiness and willingness of the plaintiff to perform his part of the contract, which the Power of Attorney holder cannot depose, as it refers to the plaintiff’s mental state of affair.
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