Law:

Section:

(a) Civil Procedure Code (V of 1908)-------0.111, R. 3 & O.XLIII, R. 1---Defendant filing written statement in Court when relationship of agent and principal was still subsisting between defendant and principal---Revocation deed of power of attorney was produced before Trial Court on 2-2-1986 which appeared to have been registered on 6-6-1985--­Written statement was presented in Court by defendant who had been admitted to be general attorney on 19-1-1985 i.e., before his powers to represent and act on behalf of his principal were revoked, therefore, principal was bound by the act of his agent/attorney ---Defendnat was a recognized agent as per provision of 0.111, R.3, C.P.C. for he was a person holding power of attorney authorising him to make and to do such appearances, applications and acts on behalf of his principal (defendant)---Written statement/pleading on behalf of principal (who was main defendant in suit) had been signed by his attorney (who had also been cited. as defendant)---Act of attorney was entirely in accordance with provisions of O.VI, Rr. 14 & 15,-C.P.C. and as such was in order---Trial Court must proceed on basis of written statement filed by attorney on behalf of his principal (defendant) during the time that powers delegated to him were still subsisting ex facie---Revocation deed executed by principal related to revocation of registered power of attorney which was to take effect from its registration and date of registration of revocation deed was 6-6-1985---Attorney had filed written statement on behalf of his principal before the date of revocation, during subsistence of his power of attorney---Principal was thus, bound to ratify such act of attorney performed by him on behalf of principal---Order of Trial Court directing principal to file fresh written statement was without lawful authority and of no legal effect---Such order of Trial Court was set aside in circumstances. (b) Contract Act (IX of 1872)--- ----S. 202---Civil Procedure Code (V of 1908), O.III, R. 3---Ratification of act done by agent on behalf of his principal---Ordinarily principal was bound to ,ratify acts and deeds of his attorney and would indemnify third…

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