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Mohammad Sulaiman And Anr. vs Sh. Mazhar And Ors.

High Court Of Judicature at Allahabad|23 January, 1931

JUDGMENT / ORDER

JUDGMENT Sulaiman, J.
1. This is an application in revision from an order of the Court below directing that a decree be prepared in terms of an award. The only point urged in revision is that the reference to arbitration was not signed by a vakil duly appointed on behalf of the applicants Muhammad Sulaiman and Muhammad Usman. The applicants were defendants in the suit and on their behalf their pairokar Muhammad Akbar who held a general power-of-attorney appeared. It was Muhammad Akbar who had signed the vakalatnama by which Mr. Abdul Ali was appointed their pleader. The agreement for reference to arbitration was signed by this pleader. The Court below after examining the general power-of-attorney, has come to the conclusion that Muhammad Akbar had full authority to appoint a pleader to act for the defendants.
2. It may be doubtful whether a revision would lie on the ground that the Court below has misinterpreted this document. The only way in which the learned advocate for the applicants urges that a revision would lie is by saying that this error of law amounts to a material irregularity in accepting a reference not consented to by all the parties. In the view which we take of the merits of the revision it is not necessary to decide this preliminary objection.
3. In the first place we agree that the Court below is right in holding that the general terms of the power-of-attorney are wide enough to include authority to appoint a pleader. Muhammad Akbar was authorized to appear in Court on behalf of the defendants and to prosecute or defend a suit; he was also authorized to appoint substitutes for him and to enter into contracts or agreements for effectuating any of the purposes mentioned in the power-of-attorney. He was also given express authority to submit disputes to arbitration and to compromise all actions. He therefore had authority to appear in person and also to appoint a substitute for himself It follows that he was given authority' to appoint a pleader.
4. Apart from this it is also quite clear that as he held a power-of-attorney authorizing him to make and do such appearances, applications and acts on behalf of the two defendants he was their recognized agent as defined in Rule 2 (a) Order 3. A pleader appointed by "a recognized agent has authority to appear for the defendants and to act on their behalf under Rule 4 of the same order.
5. The circumstance also shows that Muhammad Akbar although he did not sign the application for reference to arbitration had agreed to it. The actual signature of a party is not required by Schedule 2 to Rule 1. The application is therefore dismissed with costs.
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Title

Mohammad Sulaiman And Anr. vs Sh. Mazhar And Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
23 January, 1931