Z. ENGINEERS CONSTRUCTION PVT. LTD. Vs. BIPIN BIHARI BEHERA
LAWS(SC)-2020-2-45
SUPREME COURT OF INDIA
Decided on February 14,2020

Z. Engineers Construction Pvt. Ltd. Appellant
VERSUS
Bipin Bihari Behera Respondents




JUDGEMENT

HEMANT GUPTA, J. - (1.)Leave granted.
(2.)The challenge in the present appeal is to an order passed by the High Court of Orissa on 24th January, 2019 whereby the petition filed by the appellant under Article 227 of the Constitution of India, dismissing an application filed by the appellant under Order XIII Rule 8 of the Code of Civil Procedure, 1908, for short, 'Code' to impound the power of attorneys (Exts. 4 and 5), was dismissed.
(3.)The plaintiffs-respondents instituted a suit for partition through their power of attorney holder Kishore Chandra Behera (PW-1). During the cross-examination of PW-1, the present appellants filed an application under Order XIII Rule 8 of the Code to impound the power of attorneys, Exts. 4 and 5, inter alia, for the reason that such power of attorney is to be treated as Conveyance within the meaning of Article 23 of the Indian Stamp Act, 1899, for short, 'Act' as amended by Orissa Act No. 1 of 2003 w.e.f. 20 th January, 2003. The amended Schedule IA reads as under: JUDGEMENT_45_LAWS(SC)2_2020_1.jpg JUDGEMENT_45_LAWS(SC)2_2020_2.jpg
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.