THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5458 of 2010 Dated:09.12.2010 Between: Peddichetty Uttanna, And others. ...Petitioners And Thota Venkatramana @ Venkata Swamy, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5458 of 2010 ORDER: Respondent Nos.1 to 3 filed the suit, being O.S.No.231 of 2010, on the file of the Court of the Senior Civil Judge, Madanapalle. It is for permanent injunction. They represented by their General Power of Attorney (GPA) holder Sri K.Nagarjuna Reddy. At the time of filing the suit the GPA filed I.A.No.995 of 2010 under Rule 32 of the Andhra Pradesh Civil Rules of Practice and Circular Orders, 1980, seeking leave of the Court to act and institute the suit on behalf of plaintiffs as their GPA. By impugned order, dated 16.09.2010, the same was allowed. Aggrieved by the same, defendants 2 to 6/petitioner Nos.1 to 5 herein filed the instant civil revision petition. This Court heard the Counsel for the petitioners who relies on Fayeem Khadri v Vanam Bharatamma[1] in support of the contention that the impugned order without reasons is unsustainable. Rule 32 of the Andhra Pradesh Civil Rules of Practice reads as under. 32.Party appearing by Agent:- (1) When a party appears by any agent, other than an advocate, the agent shall, before making of or doing any appearance, application, or act, in or to the court, file in court the power of attorney, or written authority, thereunto authorizing him or a properly authenticated copy thereof together with an affidavit that the said authority shall subsisting, or, in the case of an agent carrying on a trade or business on behalf of a party, without a written authority, an affidavit stating the residence of his principal, the trade or business carried on by the agent on his behalf and the connection of the same with the subject-matter of the suit, and that no other agent is expressly authorized to make or do such appearance, application, or act. (2) The Judge may thereupon record in writing that the agent is permitted to appear and act on behalf of the party; and unless and until the said permission is granted, no appearance, application or act, of the agent shall be recognized by the Court. It is settled law that Rule 32 of the Civil Rules of Practice is only directory and not mandatory, and therefore, when any party to the proceedings sues or is represented by a power of attorney, seeking permission to institute the suit or proceedings as GPA as a formality, the Court dealing with the matter grants permission. The suit cannot be rejected nor can be struck off only on the ground that GPA has not obtained prior permission of the Court. In view of the same, this Civil Revision is misconceived, and the same is accordingly dismissed. _______________ (V.V.S.RAO, J) 09.12.2010 vs [1] 2008 (4) ALT 644