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EVEN AFTER EXECUTING A POWER OF ATTORNEY THE PRINCIPAL CAN ACT ON HIS OWN 2011 SC

EVEN AFTER EXECUTING A POWER OF ATTORNEY THE PRINCIPAL CAN ACT ON HIS OWN 2011 SC

DEB RATAN BISWAS & ORS .Vs. MOST. ANAND MOYI DEVI & ORS JUDGEMENT, POWER OF ATTORNEY -EXECUTION -PRINCIPAL -POWER Citation(s) 2011 AIR 1653 = 2011 SCR 303 = 2011 (4 ) JT 244 = 2011 (4 ) SCALE 656

The trial court rightly held that `S' was only an attorney and he cannot claim any independent capacity in the proceedings. The principal `P' and `A' signed the compromise for partition of the property, which in law amounts to implied revocation of power of attorney in favour of `S' vide Illustration to Section 207 of the Indian Contract Act. `P' and `A' cannot be allowed to say that their own act of signing the compromise petition was collusive and fraudulent. [Para 9]

The High Court observed that `P' and `A' should have consulted the power of attorney `S' before signing the compromise petition. This is a strange kind of reasoning. The principal is not bound to consult his attorney before signing a compromise petition. The High Court also held that if `S' was not willing to sign the compromise petition his unwillingness should have been mentioned in the compromise petition. This also is a strange reasoning. It is well-settled that even after execution of a power of attorney the principal can act independently and does not have to take the consent of the attorney. The attorney is after all only an agent of the principal. Even after executing a power of attorney the principal can act on his own. [Paras 11, 12]

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