What is the evidentiary value of facts deposed by power of attorney holder?

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Shubham Budhiraja[1]

 

Mr. A filed suit for deceleration of easement rights against Mr. B. The Hon'ble Supreme Court held that it was nowhere pleaded in plaint that right was exercised for more than 20 years. Mere saying right was exercised for many years is not equal to 20 years. The evidence cannot go beyond pleadings. The deposition of POA can only of facts within his personal knowledge and not of someone else. Hence, suit fails.[2]

 

 

1.   The Power of Attorney holder who has no knowledge regarding the transaction cannot be examined as a witness.

 

2.   The functions of the General Power of Attorney holder cannot be delegated to any other person without there being a specific clause permitting such delegation in the Power of Attorney; meaning thereby ordinarily there cannot be any sub-delegation.

                                                                           


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com

[2] 2024 INSC 293

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