TMI Blog1916 (8) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Rule of Q. Ill of the Civil Procedure Code. That clause, as enacted by the Legislature, allowed the appearance as a recognised agent of a person holding a power of attorney authorising him to make and do such appearances, applications or acts in any Court as are required or authorised to be made or done by a party. The direction by which this clause has been replaced owing to the Rule made by the High Court is this : The recognised agents or parties by whom such appearances, applications and acts may be made or done are Persons holding general powers of attorney from parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, authorising them to m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been called upon to do. 3. It appears to me clear upon the authorities that this power must be pronounced to be a special power of attorney, inasmuch as the agent's authorisation extends, not to any class of business or employment, but is restricted to the doing of all necessary acts in the accomplishment of one particular purpose, namely, the realization of one particular debt. The authorities upon this point are conveniently collected in Venkatarumana Iyer v. Narasinga Rao I.L.R. (1918) Mad. 134, a decision which was cited to the learned Judge below, and has been cited here in favour of the appellants. In regard to the actual decision, it is enough, for me to say, with all respect, that 1 am unable to concur in it, as, in my vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l persons employed in a business or filling a position of a generally recognised character, the extent of authority being apparent from the nature of the employment or position; the latter denotes an agent appointed for a particular occasion or purpose, limited by the appointment. 5. The point is, I think, not one susceptible of much elaboration, and I must content myself with saying that the recognised text-book writers seem to me to concur entirely as to the line of distinction between a general and a special agency, and in my view, the distinction drawn by all of then? leads to the conclusion that the particular document now before us is a special and not a general power. It seems to me perfectly immaterial that it authorises the doin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
