JAI KUMAR Vs. HANUMAN

JUDGEMENT

(1.) This writ petition is directed against the order dated 23.11.2011 passed by the trial court, whereby on an objection raised by the defendant, the power of attorney sought to be exhibited by the petitioner has been held to be inadmissible by the trial court.

(2.) The facts in brief may be noticed thus: the petitioner-plaintiff Jai Kumar through his power of attorney holder brother Yogesh Chandra filed a suit for declaration and permanent injunction against the respondent-defendant. When during the course of statement by the power of attorney holder Yogesh Chandra as PW-1, the power of attorney given by the plaintiff - Jai Kumar was sought to be exhibited, an objection was raised that the power of attorney was neither registered nor the same bear requisite stamp duty and therefore, the same was inadmissible in evidence.

(3.) In reply, it was contended that the document was not required to be registered and as the power of attorney was executed at Qatar before the Indian Embassy and requisite fee amounting to 75 Qatari Riyals was paid, the same was sufficient in terms of Sections 32 & 33 of the Indian Registration Act, 1908 ('the Act').