YOGESH NAVINCHANDRA RAVANIversusNANJIBHAI SAGRAMBHAI CHAUDHARY & ORS.

280                      [2023]REPORTS
               SUPREME COURT    4 S.C.R. 280              [2023] 4 S.C.R.


A                   YOGESH NAVINCHANDRA RAVANI
                                       v.
            NANJIBHAI SAGRAMBHAI CHAUDHARY & ORS.
                     (Civil Appeal Nos. 3114-3115 of 2023)
B
                                APRIL 25, 2023
                 [B. R. GAVAI AND VIKRAM NATH, JJ.]
             Power of attorney: Role of power of attorney holder –
      Application for restoration, at the behest of the power of attorney
C     holder, whose power of attorney stood cancelled – Tenability of –
      Is not tenable – On facts, suit by original plaintiff challenging the
      sale deed – Subsequently, the original plaintiff died in 2006 and
      his LRs brought on record – Suit dismissed by the trial court – First
      appeal filed by the LRs and the appellant-son of the original
D     plaintiff, also dismissed – Thereafter in 2015, second appeal filed
      by VM, the power of attorney holder under a power of attorney
      executed by the original plaintiff, prior to his death – VM was also
      appointed the power of attorney holder by the appellant – VM
      represented all the LRs of the original plaintiff including the
      appellant-son of the original plaintiff in the second appeal –
E     However, office objections raised as the earlier power of attorney
      got expired with the death of the original plaintiff and there was no
      Vakalatnama signed by other LRs – Non-removal of objections –
      Dismissal of the second appeal by the High Court – Application
      seeking restoration of the second appeal and transposition of other
F     LRs as defendants and the same was allowed – Later, cancellation
      of the power of attorney by the appellant by public notice – Pursuant
      thereto, the appellant engaged an advocate to file a pursis for the
      withdrawal of the second appeal which was allowed by the High
      Court – However, even after cancellation of the power of Attorney,
      VM filed an application for review of the said order and consequent
G     restoration of the second appeal – On appeal, held: Order by the
      High Court restoring the second appeal, not sustainable and is
      quashed and set aside – Since VM was having power of attorney
      on behalf of the appellant, the appeal could have been filed only
      on his behalf – Appellant had cancelled the power of attorney issued
      in favour of VM by issuing a public notice – As such, VM had no
H
                                      280
      YOGESH NAVINCHANDRA RAVANI v. NANJIBHAI                              281
           SAGRAMBHAI CHAUDHARY & ORS.

authority in law to continue with the second appeal – After the            A
transposition of the other LRs was allowed, appellant was the sole
appellant – As such, in his position as dominus litis, he was very well
within his right to withdraw the second appeal – After the withdrawal
of the second appeal by appellant, an application for restoration,
at the behest of the power of attorney holder, whose power of
                                                                           B
attorney stood cancelled, was not at all tenable.
       Adverse remarks – Expunction of – Adverse remarks by the
High Court – Justification of – Held: Remarks against the appellant
totally unwarranted and uncalled for.
      CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 3114-                C
3115 of 2023.
      From the Judgment and Order dated 14.02.2020 of the High Court
of Gujarat at Ahmedabad in CA No. 2 of 2018 and MCA No. 1 of 2018.
      With
                                                                           D
      Civil Appeal Nos. 3116-3117 of 2023.
     Harin Raval, Sr. Adv., Anando Mukherjee, Ms. Ekta Bharati, Ms.
Shreya Bansal, Ms. Shrestha Narayan, M/s Aura & Co., Shashank
Khurana, Ms. Shalini Singh, Ms. Divya Anand, Ankit Anandraj Shah,
Kumar Aditya, Vivek Beniwal, Advs. for the appearing parties.              E
      The Judgment of the Court was delivered by
      B. R. GAVAI, J.
      1. Leave granted.
                                                                           F
       2. The appeals arising out of SLP(C) Nos. 13943-13944 of 2020,
filed by Yogesh Navinchandra Ravani, challenge the final judgment and
order dated 14th February 2020, passed by the High Court of Gujarat at
Ahmedabad in Civil Application (for condonation of delay) No. 2 of
2018 in R/Second Appeal No. 238 of 2015 with Misc. Civil Application
(for Review) No. 1 of 2018 in R/Second Appeal No. 238 of 2015, whereby     G
the High Court passed strictures against the appellant-Yogesh
Navinchandra Ravani and recalled its order dated 11th September 2017,
thereby restoring the aforesaid Second Appeal to its original number and
status.
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282             SUPREME COURT REPORTS                            [2023] 4 S.C.R.


A            3. Aggrieved by the adverse remarks made by the High Court in
      its judgment, appellant - Yogesh Navinchandra Ravani has preferred
      these appeals so as to have those remarks expunged.
             4. Appeals arising out of SLP(C) Nos. 13079-13080 of 2020
      have been filed by Lalitbhai Jesangbhai Parmar against the same
B     impugned judgment and order as above, albeit the challenge here is
      against the restoration of Second Appeal to its original number and
      status and the costs imposed upon the appellant-Lalitbhai Jesangbhai
      Parmar.
            5. The facts, in brief, giving rise to the present appeals are as
C     under :
             5.1 One Jesangbhai Kachrabhai Parmar (hereinafter referred to
      as “original plaintiff”) had instituted a suit, bearing Regular Civil Suit No.
      92 of 2015 (Old No.165/2001), before the Additional Senior Civil Judge,
      Mehsana, challenging the sale deed dated 14th September 2000 executed
D     by one Nanjibhai Sagrambhai Chaudhary in favour of one Sureshbhai
      Hirabhai Chaudhary with respect to the suit property.
             5.2 The said suit came to be dismissed by the 7th Additional Civil
      Judge, Mehsana, vide judgment and decree dated 12th June 2008. It is
      pertinent to note that the original plaintiff had expired on 31 st December
E     2006, i.e. during the pendency of the said suit and his Legal
      Representatives (“LRs” for short) had been brought on record in the
      said proceedings.
             5.3 A first appeal, being Regular Civil Appeal No. 77 of 2008, was
      preferred by the LRs of the original plaintiff including the appellant-
F     Lalitbhai Jesangbhai Parmar, being the son of the original plaintiff before
      the 4th Additional District Judge, Mehsana, which too came to be
      dismissed, vide judgment and order dated 23rd July 2015.
              5.4 Thereafter, a Second Appeal, being Regular Second Appeal
      No. 238 of 2015 was preferred before the High Court by the LRs of
G     the original plaintiff, including the appellant- Lalitbhai Jesangbhai Parmar.
      It is pertinent to note that the Second Appeal, which displayed all the
      LRs of the plaintiff as appellants, was preferred by one Vitthalbhai
      Maganbhai Parmar, who was the Power of Attorney holder under a
      power of attorney executed by the original plaintiff on 4 th January 2001,
      prior to his death. Another Power of Attorney dated 20th November
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     YOGESH NAVINCHANDRA RAVANI v. NANJIBHAI                                    283
    SAGRAMBHAI CHAUDHARY & ORS. [B. R. GAVAI, J.]

2012, had also been executed in his favour by the appellant-Lalitbhai           A
Jesangbhai Parmar. Thus, Vitthalbhai Maganbhai Parmar was the power
of attorney holder only for the appellant- Lalitbhai Jesangbhai Parmar,
and not for the other LRs of the original plaintiff on whose behalf the
aforesaid Second Appeal had been preferred. Crucially, the other LRs
of the original plaintiff had not signed any Vakalatnama to prefer the          B
aforesaid Second Appeal.
      5.5 The registry of the High Court, recognizing the aforementioned
discrepancy, raised office objections as to whether the Vakalatnama
had been signed by all the appellants or not.
       5.6 In spite of repeated opportunities, these objections were not        C
removed, and the aforesaid Second Appeal came to be dismissed on
27th November 2015, for non-removal of office objections. Thereafter,
an application being Miscellaneous Civil Application No. 894 of 2016 for
restoration of the Second Appeal was filed wherein it was stated that
the Power of Attorney holder, i.e. Vitthalbhai Maganbhai Parmar had             D
informed the registry of the High Court about his inability to obtain
authority letter from all the LRs of the deceased original plaintiff, thereby
requesting their transposition as defendants.
      5.7 The High Court, vide Order dated 9 th March 2016, allowed
the said application and restored the Second Appeal to its original             E
status.
      5.8 Subsequently, the Second Appeal came to be admitted by the
High Court, vide its order dated 21st April 2016, and the parties were
directed to maintain status quo. The crux of the dispute begins
hereinafter.                                                                    F

       5.9 The appellant-Lalitbhai Jesangbhai Parmar, on coming to know
about the filing of the aforesaid Second Appeal by his Power of Attorney
holder-Vithalbhai, cancelled the Power of Attorney, vide Public Notice
dated 20th June 2017, since the aforesaid Second Appeal had been
                                                                                G
preferred without his knowledge or instruction. Pursuant to the
cancellation of the Power of Attorney, appellant-Lalitbhai Jesangbhai
Parmar engaged appellant-Yogesh Navinchandra Ravani, an advocate,
to file a pursis for withdrawal of the Second Appeal and allied civil
applications.
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284            SUPREME COURT REPORTS                           [2023] 4 S.C.R.


A           5.10 The High Court, vide order dated 11th September 2017, took
      on record the aforesaid pursis and permitted withdrawal of the Second
      Appeal.
            5.11 However, even after cancellation of the Power of Attorney
      executed in favour of Vitthalbhai Maganbhai Parmar, he filed Misc. Civil
B     Application No. 1 of 2018 before the High Court for review of its order
      dated 11th September 2017 and consequent restoration of the Second
      Appeal, as well as Misc. Civil Application No. 2 of 2018 seeking
      condonation of delay.
             5.12 The High Court, vide impugned judgment and order dated
C     14th February 2020, allowed the aforesaid applications, thereby restoring
      the Second Appeal to its original number and status. Additionally, costs
      were imposed upon the appellant– Lalitbhai Jesangbhai Parmar and
      strictures were passed against the appellant-Yogesh Navinchandra
      Ravani for his conduct as advocate of Lalitbhai Jesangbhai Parmar,
D     while seeking withdrawal of the Second Appeal. Hence, the present
      appeals.
            6. We have heard Mr. Harin Raval, learned Senior Counsel
      appearing on behalf of the appellants and Ms. Divya Anand and Mr.
      Ankit Anandraj Shah, learned counsel appearing on behalf of the
E     respondents.
             7. Mr. Raval submits that the very application for review of the
      order dated 11th September 2017, at the behest of the so- called Power
      of Attorney Holder Vitthalbhai Maganbhai Parmar, was not
      maintainable. It is submitted that the Power of Attorney in favour of
F     the said Vitthalbhai Maganbhai Parmar stood cancelled vide Public
      Notice dated 20th June, 2017. It is submitted that the application for
      review, filed using the earlier Power of Attorney of original plaintiff
      dated 4th January 2001 could not have been filed, inasmuch as, on the
      death of the original plaintiff, the Power of Attorney Holder Vitthalbhai
G     Maganbhai Parmar had no authority to continue with the proceedings.
      Learned counsel submitted that unless a fresh Power of Attorney by
      the legal heirs of the deceased original plaintiff was executed, he could
      not have continued with the proceedings. It is further submitted that
      once the appellant-Lalitbhai Jesangbhai Parmar had filed an application
      for transposing of the other legal heirs of the deceased original plaintiff
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     YOGESH NAVINCHANDRA RAVANI v. NANJIBHAI                                   285
    SAGRAMBHAI CHAUDHARY & ORS. [B. R. GAVAI, J.]

as defendants and once the High Court, having allowed the said                 A
application vide Order dated 9th March 2016, he became the dominus
litis.
      8. It is submitted that the strictures passed by the High Court
against the appellant-Yogesh Navinchandra Ravani, who was only a
lawyer appearing on behalf of the appellant- Lalitbhai Jesangbhai Parmar,      B
were totally unwarranted and uncalled for.
       9. The respondent Nos. 5 to 7 have filed their reply, stating therein
that they had not executed any Power of Attorney in favour of said
Vitthalbhai Maganbhai Parmar. It is submitted that they also did not
intend to challenge the Order dated 23rd July 2015, passed by the 4th          C
Additional District Judge, Mehsana, dismissing the First Appeal, viz.
Regular Civil Appeal No.77 of 2008 and, as such, the application filed by
said Vitthalbhai Maganbhai Parmar for restoration of the Second Appeal
was not tenable.
                                                                               D
       10. From the perusal of the record, it would reveal that Second
Appeal No.238 of 2015 was filed on behalf of all the legal heirs of the
original plaintiff by Vitthalbhai Maganbhai Parmar, claiming to be the
Power of Attorney Holder under Power of Attorney executed by the
original plaintiff on 4th January 2001. Another Power of Attorney dated
20 th November 2012 was executed in favour of said Vitthalbhai                 E
Maganbhai Parmar by the appellant-Lalitbhai Jesangbhai Parmar. It
is, thus, clear that after the death of the original plaintiff on 31st
December 2006, the said Power of Attorney dated 4th January 2001
executed by him in favour of Vitthalbhai Maganbhai Parmar ceased to
have any effect. Though another Power of Attorney was executed in              F
favour of said Vitthalbhai Maganbhai Parmar, it was executed only by
the appellant-Lalitbhai Jesangbhai Parmar. As such, Vitthalbhai
Maganbhai Parmar had no right to file appeal on behalf of the other
legal heirs.
      11. The Registry of the High Court, noticing that the Vakalatnama        G
was not signed by all the appellants, had raised office objections. On
non-removal of the office-objections, the Second Appeal came to be
dismissed on 27th November 2015. Thereafter, Miscellaneous Civil
Application No. 894 of 2016 came to be filed for restoration of the Second
Appeal. The said application also came to be filed by said Vitthalbhai         H
286            SUPREME COURT REPORTS                              [2023] 4 S.C.R.


A     Maganbhai Parmar. It will be relevant to note the averments made by
      said Vitthalbhai Maganbhai Parmar in the said application, which read
      thus:
            “3. The applicants state that an office objection was raised by the
            Registry as regards non-production of power of attorney or
B           authority letter on behalf of all the heirs of deceased plaintiff
            authorizing the deponent to prefer the second appeal. The applicant
            state that the deponent had informed the Registry about inability
            to obtain the authority letter of all the heirs of the deceased plaintiff
            and requested to permit their transposition as defendants.
C           The applicants submit that the applicants were under a bona fide
            impression that the same shall be allowed and the appeal shall be
            listed by the Registry before the Hon’ble Court for admission
            hearing in due course.
            …”
D
            12. It appears that the High Court, vide Order dated 9th March
      2016, restored the Second Appeal to its original status.
            13. It appears that, vide the Office Endorsement dated 13th April
      2016, the draft amendment and fresh title with names were accepted
E     and, as such, office objection came to be removed.
             14. It would further appear from the record that an application for
      Draft Amendment came to be filed by Nanavati & Company, Advocate
      for the appellants in Second Appeal No.238 of 2015. It will be relevant
      to refer to the same, which reads thus:
F
            “The applicant prays to make amendment in the memorandum of
            petition in the above matter. The applicant submits that due to
            bona fide mistake the names of all the plaintiffs were mentioned
            in the title (appellant side) in the above mentioned second appeal.
            The applicant submits that only one of the legal heirs-Lalitbhai
G           Jesangbhai Parmar through Power of Attorney Vitthalbhai
            Maganbhai Parmar is desirous of pursuing the legal remedy.
            Therefore, I humbly request this Hon’ble Court to substitute the
            title of the memorandum of appeal with a new title provided
            herewith.”
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     YOGESH NAVINCHANDRA RAVANI v. NANJIBHAI                                  287
    SAGRAMBHAI CHAUDHARY & ORS. [B. R. GAVAI, J.]

       15. Subsequently, a notorised pursis dated 19th July 2017 came to      A
be filed by appellant-Lalitbhai Jesangbhai Parmar, stating therein that,
on account of transposition of the other appellants, he was the sole
appellant and he wanted to withdraw the Second Appeal. As such, vide
order dated 11th September 2017, the High Court permitted the withdrawal
of the Second Appeal, and the Second Appeal stood dismissed as
                                                                              B
withdrawn.
      16. It could thus be seen that, since Vitthalbhai Maganbhai Parmar
was having Power of Attorney on behalf of the appellant-Lalitbhai
Jesangbhai Parmar, the appeal could have been filed only on his behalf.
Appellant-Lalitbhai Jesangbhai Parmar had cancelled the Power of
                                                                              C
Attorney issued in favour of Vitthalbhai Maganbhai Parmar on 20 th June
2017, by issuing a Public Notice in daily newspaper, namely, ‘Sandesh’
on 21st June, 2017. As such, Vitthalbhai Maganbhai Parmar had no
authority in law to continue with the Second Appeal.
       17. We are, therefore, of the considered view that the Civil           D
Application No.1 of 2018 (for restoration) filed by said Vitthalbhai
Maganbhai Parmar on 11th October 2018 itself was not tenable, inasmuch
as the Power of Attorney executed in his favour by appellant-Lalitbhai
Jesangbhai Parmar on 20th November 2012 stood subsequently cancelled
on 20th June 2017 by a issuing Public Notice.
                                                                              E
      18. We, therefore, find that, by the impugned judgment, an
anomalous situation has arisen where the appellant-Lalitbhai Jesangbhai
Parmar, who does not desire to prosecute the Second Appeal, would be
forced to pursue his appeal. Similarly, the legal heirs of the deceased
original plaintiff, who also do not want to continue with the proceedings,
would be forced to continue with the litigation.                              F
      19. As discussed herein above, after the transposition of the other
LRs was allowed, appellant-Lalitbhai Jesangbhai Parmar was the sole
appellant. As such, in his position as dominus litis, he was very well
within his right to withdraw the Second Appeal. After the withdrawal of
the Second Appeal by appellant-Lalitbhai Jesangbhai Parmar, an                G
application for restoration, at the behest of the Power of Attorney Holder,
whose Power of Attorney stood cancelled, was not at all tenable.
      20. In any case, we find that the observations made by the High
Court against appellant-Yogesh were totally unwarranted and uncalled
for.                                                                          H
288             SUPREME COURT REPORTS                           [2023] 4 S.C.R.


A           21. In this view of the matter, we find that the impugned judgment
      and order passed by the High Court is not sustainable in law. The same
      is quashed and aside.
             22. In the result, both the appeals are allowed.
            23. For the reasons stated, I.A. No.129619 of 2020 for deletion of
B
      respondent No.4 is allowed. All pending applications shall stand disposed
      of. No costs.


      Nidhi Jain                                                  Appeals allowed.
      (Assisted by : Tamana, LCRA)
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