NATUBHAI CHOTABHAI PATEL Vs. PATNAM SHAKUNTALA

JUDGEMENT

(1.) This is a reference made by a learned single Judge of this Court to answer the following questions:

(2.) A suit was filed for declaration of title and delivery of possession of the suit schedule property and also to rectify the entries in the revenue records etc. The suit was filed by the GPA holder, but they have not obtained the orders of the court permitting the GPA holder to represent on their behalf under Rule 32 (1) of the A.P. Civil Rules of Practice & Circular Orders, 1980 (for short "Civil Rules of Practice"), therefore, it is contended that the said suit is non-est in the eye of law. Since the presentation itself is invalid presentation, the lower Court totally erred in dismissing the application instead of allowing the same as prayed for.

(3.) After reference, the counsel representing both parties advanced arguments, therefore, the question whether the suit filed by the General Power of Attorney, without prior permission of the Court, is maintainable and whether Rules 32 and 33 of the Civil Rules of Practice are mandatory.