Signingof compromise petitions by principal would amount to implied revocation of power of attorney.

AIR 2011 SUPREME COURT 1653

SUPREME COURT

(From : Patna)*

MARKANDEYA KATJU , J. and MRS . GYAN SUDHA MISRA , J.

Civil Appeal No. 2758 of 2006, D/- 15 - 4 - 2011

Deb Ratan Biswas and Ors v. Most. Anand Moyi Devi and Ors

Civil P.C. (5 of 1908), O.23 R.3, O.3 R.1, O.3 R.2 - Contract Act (9 of 1872), S.207 - Signing

of compromise petition - Suit for partition - Execution of power of attorney - Does not denude

principal of his power to act independently - Principal not required to take consent of attorney -

Principal is thus not bound to consult his attorney before signing compromise petition - Signing

of compromise petitions by principal would amount to implied revocation of power of attorney.

Civil Revision No. 945 of 2002, D/- 21-5-2004 (Pat), Reversed.

 (Paras 9 , 11 , 12)