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The Hon'ble Supreme Court of India ruled that a power of attorney (PoA) cannot depose for the principal for the acts done by the principal in matters of which only the principal can have personal knowledge and where he is entitled to be cross examined.
The present petition was related to the civil suit for specific performance of the contract of sale agreement. The contention raised in this appeal was that as to why the plaintiff did not enter the witness box to establish his willingness to perform his obligations under the agreement for sale. it was said that the power of attorney cannot depose for the principal in events which happened prior to the execution of power of attorney, especially with regard to facts personal to the knowledge of the principal.
Laying emphasis on Janki Vashdeo v. Indusind Bank LTD., the bench comprising of Justice Navin Sinha and Justice Indira Banerjee observed that the power of attorney holder, who has acted in pursuance of the said power, may depose on behalf of the principal in respect of such acts but cannot depose for the principal for the acts done by the principal and not by the power of attorney.
The Hon'ble court observed that the defendant cancelled the agreement on 1.09.1989, the communication of which was never challenged. The court further said that just because the plaintiff may not be satisfied with the intimation of the defendant regarding release of property from mortgage, the willingness and readiness of the respondent and his obligation under the agreement cannotb construed.
Hence the appeal was allowed by the Hon'ble court and stating that the power of attorney cannot depose for the principal for those events which transpired before the execution of such attorney.
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