VidhiSangh

Supreme Court of India · 25/04/2023

YOGESH NAVINCHANDRA RAVANI versus NANJIBHAI SAGRAMBHAI CHAUDHARY & ORS.

[2023] 4 S.C.R. 280 · 2023 INSC 428

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Summary

A power of attorney holder filed a second appeal in the names of all legal heirs of a deceased plaintiff though only one heir had authorised him; after the other heirs were transposed as respondents, that heir cancelled the power of attorney and withdrew the appeal through a new advocate. The Gujarat High Court later reviewed the withdrawal at the instance of the former attorney holder, restored the appeal, imposed costs on the heir and passed strictures against the advocate. The Supreme Court set this aside, holding that the power of attorney from the original plaintiff lapsed on his death, that the heir's power of attorney stood cancelled before the review application, that the heir as sole appellant and dominus litis was entitled to withdraw, and that the strictures against the advocate were wholly unwarranted.

Issues

  1. Whether a power of attorney holder whose authority from the original plaintiff ended on the plaintiff's death, and whose later authority from one legal heir was cancelled by public notice, could maintain an application to review the order permitting withdrawal of the second appeal and to restore it.
  2. Whether a legal heir who, after transposition of the other heirs as respondents, was the sole appellant could withdraw the second appeal as dominus litis.
  3. Whether the strictures passed by the High Court against the advocate who filed the withdrawal pursis were justified.

Held

Result

Both sets of appeals allowed; the High Court's judgment dated 14 February 2020 restoring the second appeal, imposing costs and passing strictures quashed and set aside; application for deletion of respondent No. 4 allowed; pending applications disposed of. No costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 280.