FAZAA FOUNDATION TRUST Vs. SHAHDA H MAHDI

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 24. 10. 2008 passed in IA No. 787 of 2007 in OS No. 199 of 2007 by the VII Addl. District Judge, (FTC), Visakhapatnam.

(2.) THE facts stated are : Faza Foundation trust-revision petitioner herein filed the above application under Rule 32 of Civil rules of Practice seeking to permit mr. Munnavar H. Mehdi S/o. late Hussain s. Mehdi, who is one of the attorneys of 2nd defendant under Power of Attorney dated 29. 8. 2007, to attend to all the legal matters relating to 2nd defendant.

(3.) LEARNED Counsel for the revision petitioner strenuously contended that the petitioner being a Trust called Faza foundation Trust, since there is no prohibition, as such, to appoint a power of attorney under Section 47 of the Indian Trusts Act, the Court below ought to have allowed the application. Learned Counsel also contended that mere conferring of powers on the power of attorney does not amount to abdication of powers and duties by the trustee and a Trustee of a Trust has power to appoint an attorney to represent the trust. On the other hand, learned Counsel for the respondents submitted that inasmuch as no reasons are stated by the Trustee in seeking to delegate his functions to an absolutely stranger and there was no resolution of the Trust delegating such functions to an attorney, the Court below rightly dismissed the application.