cheque Bouncing, General Power of Attorney problem.?

Question

My friend has to give me Rs.50,000 four years back. He gave me a cheque of 50,000/-, It bounced 2 times, i came to conclussion that he won't pay my money back. My age is now 65,i can't able to walk, i am financially very poor and having no support to run the case. By knowing this, one of my friends-friend came to me, and told that he ll help in this regard, for that he need general power of attorney. I have given the GPA to him 4yrs back itself, by mentioning that i am ill, i can't able to come to court for Investigation.
He Placed a lawyer and started runing the case. Yesterday i received a letter from the lawyer whom he appointed,that i have to come to court for investigation. I really shocked, I want to withdraw that case, and the GPA person is not allowing to withdraw the same, I don't want that money also. Some body told that if i wont attend the court for more than three time, the court withdraw the case automatically. Is it true? Please suggest me how to proceed.

Answer 1

The very fact you had given general power of attorney to your friend's friend to conduct this case on your behalf in the court, on the basis of this GPA he engaged this lawyer & started with the court proceedings. Now you want to withdraw this court case. The very fact this giving of power of attorney is amounting to appointing an agent to conduct this legal proceeding on your behalf as you being the principal & you can any time withdraw your general power of attorney there by discontinue the services of your this agent to conduct on your behalf in this legal proceeding. You being the principal can withdraw this legal proceeding from the court & for this you will have to move a petition/application for withdrawal of the suit for recovery of the amount from the court where it is being heard. As far your non attending the court for the purpose of giving your evidence in such a case is concerned it may not automatically make the case stand as withdrawn but the court may not consider your evidence while deciding the whole issue & may pass order against you for lack of evidence in favor of your case, that will amount to your suit gets dismissed in the favor of the respondent. As a lawyer I will suggest that since you cannot move out because of your physical condition, you should request the court through this lawyer to appoint commission under Order XXIV Civil Procedure Code to examine you at you home, in this manner your traveling to the court will avoided & your evidence get recording at your place that will help your case to proceed to a suitable conclusion in your favor.

Answer 2

i don't know exactly now.I"ll find out and tell you,,,,,,,