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Under Order III rules 1 and 2 of the Code of Civil Procedure, 1908, what may a holder of a power of attorney do for the principal?

Question and options

Under Order III rules 1 and 2 of the Code of Civil Procedure, 1908, what may a holder of a power of attorney do for the principal?

  1. Perform acts authorized by the instrument and give evidence about acts personally done by the holder

  2. Perform authorized acts and testify in place of the principal about facts known only to the principal

  3. Give evidence about acts personally performed only if the principal also testifies

  4. Appear for the principal but perform no other act, even if the instrument grants further authority

Answer and explanation

Correct answer: A - Perform acts authorized by the instrument and give evidence about acts personally done by the holder

In Janki Vashdeo Bhojwani, the Supreme Court distinguished acting under the instrument from testifying in place of the principal. A holder may testify to acts personally performed by the holder, while facts known only to the principal require other competent evidence.

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