In Brief
A retired I.A.S. officer's wife held a valid General Power of Attorney to represent him in four pending civil suits. After she became a law graduate and enrolled advocate, the defendant objected to her continuing as power of attorney holder. The Trial Court and High Court (in two separate orders) permitted her to appear as a GPA holder only, not as an advocate. On later objections, a Division Bench of the High Court reversed this, holding that a GPA holder cannot plead or cross-examine, and instead gave the wife liberty to conduct cases as an advocate. The Supreme Court held that the earlier binding orders operated as res judicata and could not be reopened. Section 32 of the Advocates Act did not bar a GPA holder who became an advocate from continuing in that limited role. The Court restored the Trial Court orders permitting the wife to appear as GPA holder but not as advocate.
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