Power of Attorney Holder Needs Court Permission to Represent a Party: Kerala High Court

Power of Attorney Holder Needs Court Permission to Represent a Party: Kerala High Court

  • Case Name: Abdul Wahid T. K. v Habeebullah PT & Others

The Kerala High Court ruled that a private person cannot appear on behalf of another solely based on a power of attorney without prior permission of the court under Section 32 of the Advocates Act.

The petitioner sought representation through a power of attorney holder. The court relied on Supreme Court rulings in T.C. Mathai & Another v. District and Sessions Judge, Thiruvananthapuram and Harishankar Rastogi v. Girdhari Sharma & Anr., which state that only enrolled advocates have the right to represent others without permission. 

As a result, the court rejected his request and dismissed the plea, reaffirming that power of attorney holders cannot automatically act as legal representatives in court.

Court Order / 9 months ago

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