Once suit is dismissed fresh suit cannot be filed by plaintiff
2) they can file appeal against order of dismissal
3) plaintiff can with draw suit with liberty to file fresh suit
Unauthorized power of attorney
Dear Sir, My case is such, Injunction application was submitted in city civil Court against my residential property by my son residing at usa by power of attorney (power of attorney without any due procedure) given to my ex wife in 2012. Their point was that this is ancestral property and so son has right in this property. Now injunction order process by the opponent was on the basis of power of attorney from my son who is residing in USA and this power of attorney was given to my ex wife means his mother. This power of attorney is not having single procedure which should be done at USA or in India and when I raised this issue in the court during procedure of injunction order I was advised that you will get benefit of this at the time of procedding of suit. Now my question is that if I apply for dismissal of suit on basis that Power of Attorney is not valid and suppose suit is dismissed on this ground and opponents provides new power of attorney with all valid procedure then what will happen? 1)Procedure will start from injunction application again? I have won in different courts and they didn't get favour in getting injunction order from any court. Now case is going to proceed as a suit in City Civil Court. So what will happen if injunction order process starts again. That is not good for me because I have saved my property from injunction order. 2)If injunction procedure doesn't start again Will they able to resume the suit directly and instantly in City Civil Court again? Or they will have to wait for several years for their turn as case will be considered as new suit and they will have to wait for their turn for years for proceedings of case or it will come immediately on board for proceedings? 3)More important is that what benefits can I have if the suit is dismissed on the basis of invalid power of attorney and they have to submit new power of attorney? Please answer. Thanks.
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
If you file a petition seeking to reject the plaint on the basis of the grounds that you rely upon, the opposite party cannot bring a new POA into the court again to continue the dismissed case.
He may have to either prefer an appeal against the aggrieved orders or to file a fresh suit following the proper procedures which will start from scratch once again.
Once the suit filed by them is dismissed based on your arguments for non maintainability of the suit, they cannot restart the suit with a new POA deed.
They may have to follow the due process of law for all such further issues.
You have won in different courts. Now when the case starts you should raise this objection and if the court does not decide this you can again either file an appeal/revision against this or the court may rule on this at the time of final disposal.
If case is dismissed on the basis of an incorrect PoA then the suit may be filed again.
If it is dismissed on merits then an appeal can be filed.
Dear Sir,
1. If suit is dismissed on the ground that POA is not valid, they can appoint a new POA in place of the old one.
2. Then it shall be considered a new suit, and must go through the tiresome procedure of law, which will take long.
3. It shall simply give you more time to defend your property
Thank you,
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1. No on the same cause of action he cannot file the said case even after dismissal and without taking court permission for filing a new case with the new POA or can file the appeal against the order of the dismissal.
2. Yes, if injunction not allowed at the initial stage of the suit , then suit will take time to finalize the issues framed.
3. They can take new POA with valid attestation and continue the case.
If the POA was not made as per law then it means that the POA holder had no authority to verify and sign on behalf of the plaintiff and the plaint should not have been admitted in the first place
Dont know if this would fall within the ambit of a section 7/11 application
The court can always says that the defects in the POA are curable and therefore injunction cannot be refused on these grounds
You have not even stated what the defects are in the POA
So little difficult to comment without seeing the POA
Sir not here for your stupid ratings!
i have seen your comment in the remark section. matters least.
what you are doing is just shooting blind shots!
i would still suggest plz show the POA to some good competent lawyer to ascertain what defects are there in it
