1950 (3) TMI 37

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....d, Adv. JUDGMENT CHANDRA BHAN AGARWAL, J. 1. This is a defendant's appeal. The defendants are brothers of Jamaluddin Chaudhari, plaintiff respondent. Jamaluddin lives in Dutch Guiana. The fourth brother Shahabuddin filed a suit on his behalf for possession over his one-fourth share in the family property described at the -foot of the plaint. Shahabuddin claimed that under a power of a....

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....urt below. This is dated 4th March 1949, and appears to have been signed by Jamaluddin and signed and authenticated by a notary public. 3. Under Section 85, Evidence Act, "'there is a presumption that every document purporting to be a power of attorney, and to have been executed before and authenticated by, a notary public, or any Court, Judge, Magistrate, British Counsel or Vice-Counsel or....

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.... proof: vide Haggitt v. Ineff (1855) 24 L J Ch. 120 : 3 W R 141 and Performing Right Society Ltd. v. Indian Morning Post Restaurant 4. The power of attorney, therefore, is admissible in evidence. No evidence was tendered in support of the objection made by Shahabuddin although three months' time was allowed to him for the purpose. Mr. Ishaq Ahmad wants further time. I do not think that the ....