Children Of Deceased GPA Givers Can Join Suit Filed For Their Benefit: Karnataka HC Upholds Impleadment

The petitioner challenged the Trial Court’s order dated 15 July 2026 allowing an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, and impleading proposed plaintiffs 2 to 6 in O.S. No. 27106/2007.

The petitioner had instituted the suit seeking declaration and possession, relying on a General Power of Attorney executed by B.E. Prakash and B.E. Chandrashekar. Both executants had died; the proposed plaintiffs were their children. The petitioner argued that their impleadment was unnecessary because he continued to prosecute the suit for their benefit. The respondents contended that the right to sue survived to the proposed plaintiffs.

Order I Rule 10(2) CPC empowers the court to add a person whose presence is necessary for effective and complete adjudication of the questions in the suit.

Upon the death of the executants of a General Power of Attorney, the attorney-holder ceases to act under that authority; rights that devolve upon the deceased persons’ legal heirs may therefore require their participation in the suit.

The High Court’s supervisory jurisdiction under Article 227 permits interference where the impugned order warrants it. No precedent was cited.

The petitioner’s case was that he had filed the suit for the benefit of B.E. Prakash and B.E. Chandrashekar under their General Power of Attorney. The Court noted that both executants had died and that the proposed plaintiffs were their children.

Their deaths ended the petitioner’s authority to act as their attorney, while the pleaded purpose of the suit indicated that rights could devolve upon the proposed plaintiffs. The Court therefore held that they were proper and necessary parties and found no basis for supervisory interference with the Trial Court’s order.

The High Court dismissed the writ petition, finding no error or infirmity in the Trial Court’s order allowing the proposed plaintiffs’ impleadment.