PRABHUDAYAL AGRAWAL Vs. SUNDARMUNI BALAMUNI GOUTAM

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 25/2/2023 (Annexure-4) passed by learned Civil Judge (Senior Division), Bhubaneswar in Civil Suit No.2703 of 2022 is under challenge in this CMP, whereby an application filed by 3rd party Intervener-Opposite Party No.2, has been allowed.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that the suit has been filed for a declaration that the Registered Power of Attorney No.913 dtd. 10/5/2010 executed by the Plaintiff-Petitioner in favour of the Defendant-Opposite Party No.1 is not irrevocable and cancellation thereof. In the alternative, the Plaintiff-Petitioner also sought for relief of cancellation of the same, in the event it is held that the POA is irrevocable one, as the Defendant in favour of whom Power of Attorney was executed, is acting against the interest of the Plaintiff and also for permanent injunction along with consequential and ancillary relief. During pendency of the suit, the Opposite Party No.2 filed an application under Order I Rule 10 (2) CPC to be impleaded as a party to the suit stating that if the outcome of the suit goes in favour of the Plaintiff, it will be seriously prejudiced. Learned trial Court without taking note of the landmark decision of Hon'ble Supreme Court in the case of Sudhamayee Pattnaik and others -v- Bibhu Prasad Sahoo and others, reported in 2022 SCC OnLine SC 1234, allowed the said application.