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Krishna Kumari vs Ram Singh (Through L.Rs) & Anr. on 20 August, 2010 cites

Gopal Singh And Others vs Ujagar Singh And Others on 2 April, 1954

11. This document was jointly executed by Ram Singh and Girwar Singh in favour of Roshan Lal Vohra on 12.3.1975. Girwar Singh had expired on 23.8.1979. The present suit had been filed in the year 1980 on which date admittedly Girwar Singh was not alive. The impugned judgment had returned a finding that the death of Girwar Singh had not taken away the life of this document. The co-executant Ram Singh was still alive and the suit filed by him was maintainable. This issue has been discussed in detail while disposing of issue no.2. The appellate court had relied upon a judgment of the Nagpur Bench reported as Agarwal Jorawarmal & Anr. vs. Kasan & Anr. AIR 1937 Nagpur 314; a judgment of the Calcutta Bench reported as Mohindra Lal R.S.A.No.99/1986 Page 8 of 13 Chatterjee vs. Hari Pada Oase & Ors. AIR 1936 Calcutta 650; the judgment of the Punjab Bench reported as Gopal Singh vs. Mehnge Singh 1968 Vol.70 PLR 515 as also another judgment of the Full Bench of Punjab and Haryana reported as Ajmer Singh (deceased by LRs) vs. Shamsher Singh & Ors. reported in AIR 1984 Punjab & Haryana 58 to draw a finding that a power of attorney executed by the surviving executant did not terminate on the death of the other; Ex.PW-1/1 dated 12.3.1975 was thus a valid and alive document. Relevant extract of this finding by the first appellate court is contained in para 11 and reads as under:
Supreme Court of India Cites 1 - Cited by 14 - V Bose - Full Document

Ajmer Singh vs Shamsher Singh And Ors. on 1 June, 1983

11. This document was jointly executed by Ram Singh and Girwar Singh in favour of Roshan Lal Vohra on 12.3.1975. Girwar Singh had expired on 23.8.1979. The present suit had been filed in the year 1980 on which date admittedly Girwar Singh was not alive. The impugned judgment had returned a finding that the death of Girwar Singh had not taken away the life of this document. The co-executant Ram Singh was still alive and the suit filed by him was maintainable. This issue has been discussed in detail while disposing of issue no.2. The appellate court had relied upon a judgment of the Nagpur Bench reported as Agarwal Jorawarmal & Anr. vs. Kasan & Anr. AIR 1937 Nagpur 314; a judgment of the Calcutta Bench reported as Mohindra Lal R.S.A.No.99/1986 Page 8 of 13 Chatterjee vs. Hari Pada Oase & Ors. AIR 1936 Calcutta 650; the judgment of the Punjab Bench reported as Gopal Singh vs. Mehnge Singh 1968 Vol.70 PLR 515 as also another judgment of the Full Bench of Punjab and Haryana reported as Ajmer Singh (deceased by LRs) vs. Shamsher Singh & Ors. reported in AIR 1984 Punjab & Haryana 58 to draw a finding that a power of attorney executed by the surviving executant did not terminate on the death of the other; Ex.PW-1/1 dated 12.3.1975 was thus a valid and alive document. Relevant extract of this finding by the first appellate court is contained in para 11 and reads as under:
Punjab-Haryana High Court Cites 7 - Cited by 18 - Full Document

Janki Vashdeo Bhojwani & Anr vs Indusind Bank Ltd. & Ors on 6 December, 2004

However, where the authority is given by one or more principals; it is a matter of a construction of the document itself whether on the death of one such principal, the power comes to an end or whether it is continued even thereafter. The intention of the parties to the contract, terms as contained therein and the surrounding R.S.A.No.99/1986 Page 9 of 13 circumstances are the deciding factors. Ex.PW-1/1 had been construed in the light of these observations and the Court below had rightly held that death of Girwar Singh did not affect the validity of Ex.PW-1/1; admittedly both Ram Singh and Girwar Singh had a common and joint interest in the property in respect of which this power of attorney had been executed. The judgment reported in Janki Vashdeo Bojwani (supra) is inapplicable; contents of Ex.PW-1/1 are not under challenge; only contention is that on the death of one executant, the document dies.
Supreme Court of India Cites 7 - Cited by 1219 - H K Sema - Full Document

Monindra Lal Chatterjee vs Hari Pada Ghose And Ors. on 3 July, 1936

11. This document was jointly executed by Ram Singh and Girwar Singh in favour of Roshan Lal Vohra on 12.3.1975. Girwar Singh had expired on 23.8.1979. The present suit had been filed in the year 1980 on which date admittedly Girwar Singh was not alive. The impugned judgment had returned a finding that the death of Girwar Singh had not taken away the life of this document. The co-executant Ram Singh was still alive and the suit filed by him was maintainable. This issue has been discussed in detail while disposing of issue no.2. The appellate court had relied upon a judgment of the Nagpur Bench reported as Agarwal Jorawarmal & Anr. vs. Kasan & Anr. AIR 1937 Nagpur 314; a judgment of the Calcutta Bench reported as Mohindra Lal R.S.A.No.99/1986 Page 8 of 13 Chatterjee vs. Hari Pada Oase & Ors. AIR 1936 Calcutta 650; the judgment of the Punjab Bench reported as Gopal Singh vs. Mehnge Singh 1968 Vol.70 PLR 515 as also another judgment of the Full Bench of Punjab and Haryana reported as Ajmer Singh (deceased by LRs) vs. Shamsher Singh & Ors. reported in AIR 1984 Punjab & Haryana 58 to draw a finding that a power of attorney executed by the surviving executant did not terminate on the death of the other; Ex.PW-1/1 dated 12.3.1975 was thus a valid and alive document. Relevant extract of this finding by the first appellate court is contained in para 11 and reads as under:
Calcutta High Court Cites 13 - Cited by 13 - Full Document
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