APCRPCO Section 33 : Signing of Verification by Agent
Act
Summary
Section 33 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the procedure for signing and verifying legal documents by an agent. If a party cannot sign or verify proceedings, a recognized agent may do so, provided a written authority and affidavit are filed in court. This ensures the agent's authorization and competence under Order III Rule 2 of the Code of Civil Procedure.
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Explanation using Example
Example 1: Business Partner Signing on Behalf of an Absent Partner
Introduction: Raj and Priya are business partners running a small enterprise. Raj is currently abroad for a business trip and cannot sign a crucial legal document required for a court proceeding.
Application: According to the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, specifically Chapter-III, Rule 33, Priya can sign the document on Raj's behalf. However, she must file a written authority signed by Raj, along with an affidavit verifying Raj's signature. The affidavit should also explain Raj's inability to sign and describe Priya's knowledge of the facts in the document.
Outcome: If Priya complies with these requirements, the court will accept the document as validly signed. Non-compliance could result in the document being rejected, delaying the proceedings and potentially harming their business interests.
Conclusion: This example illustrates the importance of following procedural requirements to ensure legal documents are accepted by the court, even when a party is unavailable to sign.
Example 2: Family Member Signing for an Elderly Parent
Introduction: Suresh is an elderly man who is bedridden and unable to physically sign legal documents. His daughter, Meena, needs to sign a property-related affidavit on his behalf.
Application: Under Rule 33 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Meena can sign the affidavit for Suresh. She must provide a written authority from Suresh, an affidavit verifying his signature, and explain his inability to sign. Additionally, Meena must state her knowledge of the facts in the affidavit and confirm she is a recognized agent as per Order III Rule 2 of the Code.
Outcome: By fulfilling these requirements, Meena ensures the affidavit is legally valid. Failure to comply could lead to legal challenges or the affidavit being dismissed, complicating the property transaction.
Conclusion: This scenario highlights the necessity of adhering to legal procedures when acting on behalf of someone who is incapacitated, ensuring their legal rights and interests are protected.