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january 2017

Supreme Court of India · 2017-01-02

Harjas Rai Makhija (D) Thr.Lrs vs Pushparani Jain & Anr

Court
Supreme Court of India
Petitioner
Harjas Rai Makhija (D) Thr.Lrs
Respondent
Pushparani Jain & Anr
Author
Madan B. Lokur
Bench
Adarsh Kumar Goel, Madan B. Lokur

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of Makhija's appeals against the decree in favor of Pushparani Jain, confirming that the agreement for sale dated 16th October 1988 was illegal due to lack of authority from Pushparani's Power of Attorney. The Court emphasized that the absence of the original Power of Attorney executed on 30th April 1983 undermined Makhija's claim. The Court also ruled that the application for additional evidence under Order XLI Rule 27 of the CPC was rightly dismissed as it did not substantiate Makhija's case.

Harjas Rai Makhija (D) Thr.Lrs vs Pushparani Jain & Anr · Niyam