2020 APEX COURT JAN-JUNE

  1. 2020 APEX COURT [8 ] –Order III Rules 1, 2 and 4 of the Code of Civil Procedure, 1908. After referring to aforesaid Rules 1, 2 and 4 of Order III, the Single Judge had observed that the writ petitioners have not authorized Smt. Anju Bala Rajput to file a writ petition – unless she is appointed as Recognized Agent, she has no authority to file a writ petition on their behalf. Further, no Power of Attorney has been filed by her on behalf of the writ petitioners. – without any authority of law, Smt. Anju Bala Rajput had engaged Mr. Lalit Sharma, learned counsel to conduct the case who has filed vakalatnama on their behalf. -Dismissed the writ with costs –  Apex court held that The writ petition was filed in the High Court and the relevant provisions which regulated the writ petitions are in Chapter XXII of Allahabad High Court Rules which are applicable in the writ petition filed in the High Court of Uttarakhand at Nainital.“CHAPTER XXII DIRECTION, ORDER OR WRIT UNDER ARTICLE 226A AND ARTICLE 227 OF THE CONSTITUTION OTHER THAN A WRIT IN THE NATURE OF HABEAS CORPUS – The requirement as per above Rule is that the application shall be accompanied by an affidavit verifying the facts stated therein. Present is a case where affidavit was sworn by the sister of writ petitioner No.1 stating that she is acquainted with the facts and circumstances of the case. The requirements of Chapter XXII Rule 1 (2) were thus fulfilled.- So no power of attorney is necessary – High court order was set aside