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Mohd Aazad vs Dheeraj Malhotra on 12 July, 2025 cites

Vidhyadhar vs Manikrao & Anr. on 17 March, 1999

"13. It is a settled legal proposition that the power of attorney holder cannot depose in place of the principal. Digitally signed by BRIJESH BRIJESH KUMAR KUMAR GARG Date: 2025.07.12 CS (Comm.) No.496/24 page 10 of 13 GARG D.J.(Commercial Court)-01/Shahdara/KKD/Delhi 15:32:16 +0530 Provisions of Order III, Rules 1 and 2 CPC empower the holder of the power of attorney to "act" on behalf of the principal. The word "acts" employed therein is confined only to "acts" done by the power-of-attorney holder, in exercise of the power granted to him by virtue of the instrument. The term "acts", would not include deposing in place and instead of the principal. In other words, if the power-of-attorney holder has preferred any "acts" in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. Similarly, he cannot depose for the principal in respect of a matter, as regards which, only the principal can have personal knowledge and in respect of which, the principal is entitled to be cross-examined. (See: Vidhyadhar v. Manikrao & Anr., AIR 1999 SC 1441; Janki Vashdeo Bhojwani v. Indusind Bank Ltd., (2005) 2 SCC 217; M/s Shankar Finance and Investment vs. State of A.P. & Ors., AIR 2009 SC 422; and Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512)."
Supreme Court of India Cites 21 - Cited by 681 - S S Ahmad - Full Document

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

"13. It is a settled legal proposition that the power of attorney holder cannot depose in place of the principal. Digitally signed by BRIJESH BRIJESH KUMAR KUMAR GARG Date: 2025.07.12 CS (Comm.) No.496/24 page 10 of 13 GARG D.J.(Commercial Court)-01/Shahdara/KKD/Delhi 15:32:16 +0530 Provisions of Order III, Rules 1 and 2 CPC empower the holder of the power of attorney to "act" on behalf of the principal. The word "acts" employed therein is confined only to "acts" done by the power-of-attorney holder, in exercise of the power granted to him by virtue of the instrument. The term "acts", would not include deposing in place and instead of the principal. In other words, if the power-of-attorney holder has preferred any "acts" in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. Similarly, he cannot depose for the principal in respect of a matter, as regards which, only the principal can have personal knowledge and in respect of which, the principal is entitled to be cross-examined. (See: Vidhyadhar v. Manikrao & Anr., AIR 1999 SC 1441; Janki Vashdeo Bhojwani v. Indusind Bank Ltd., (2005) 2 SCC 217; M/s Shankar Finance and Investment vs. State of A.P. & Ors., AIR 2009 SC 422; and Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512)."
Supreme Court of India Cites 7 - Cited by 1219 - H K Sema - Full Document

M/S. Shankar Finance & Investments vs State Of A.P. & Ors on 26 June, 2008

"13. It is a settled legal proposition that the power of attorney holder cannot depose in place of the principal. Digitally signed by BRIJESH BRIJESH KUMAR KUMAR GARG Date: 2025.07.12 CS (Comm.) No.496/24 page 10 of 13 GARG D.J.(Commercial Court)-01/Shahdara/KKD/Delhi 15:32:16 +0530 Provisions of Order III, Rules 1 and 2 CPC empower the holder of the power of attorney to "act" on behalf of the principal. The word "acts" employed therein is confined only to "acts" done by the power-of-attorney holder, in exercise of the power granted to him by virtue of the instrument. The term "acts", would not include deposing in place and instead of the principal. In other words, if the power-of-attorney holder has preferred any "acts" in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. Similarly, he cannot depose for the principal in respect of a matter, as regards which, only the principal can have personal knowledge and in respect of which, the principal is entitled to be cross-examined. (See: Vidhyadhar v. Manikrao & Anr., AIR 1999 SC 1441; Janki Vashdeo Bhojwani v. Indusind Bank Ltd., (2005) 2 SCC 217; M/s Shankar Finance and Investment vs. State of A.P. & Ors., AIR 2009 SC 422; and Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512)."
Supreme Court of India Cites 13 - Cited by 234 - R V Raveendran - Full Document

Man Kaur(Dead)By Lrs vs Hartar Singh Sangha on 5 October, 2010

"13. It is a settled legal proposition that the power of attorney holder cannot depose in place of the principal. Digitally signed by BRIJESH BRIJESH KUMAR KUMAR GARG Date: 2025.07.12 CS (Comm.) No.496/24 page 10 of 13 GARG D.J.(Commercial Court)-01/Shahdara/KKD/Delhi 15:32:16 +0530 Provisions of Order III, Rules 1 and 2 CPC empower the holder of the power of attorney to "act" on behalf of the principal. The word "acts" employed therein is confined only to "acts" done by the power-of-attorney holder, in exercise of the power granted to him by virtue of the instrument. The term "acts", would not include deposing in place and instead of the principal. In other words, if the power-of-attorney holder has preferred any "acts" in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. Similarly, he cannot depose for the principal in respect of a matter, as regards which, only the principal can have personal knowledge and in respect of which, the principal is entitled to be cross-examined. (See: Vidhyadhar v. Manikrao & Anr., AIR 1999 SC 1441; Janki Vashdeo Bhojwani v. Indusind Bank Ltd., (2005) 2 SCC 217; M/s Shankar Finance and Investment vs. State of A.P. & Ors., AIR 2009 SC 422; and Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512)."
Supreme Court of India Cites 20 - Cited by 594 - Full Document
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