Oral Revocation of Power of Attorney Deemed Invalid; Court Calls for Written Revocation in Accordance with Law
In a significant ruling, the Rajasthan High Court, presided over by Justice Ms. Rekha Borana, has put an end to a contentious legal battle concerning the cancellation of a sale deed. The case, filed by Smt. Champa Devi against Jogaram and others, revolved around the oral revocation of a Power of Attorney (P/A) and the subsequent execution of a sale deed.
The court's decision, dated April 9, 2026, came as a result of a revision petition challenging an order from the Additional District Judge No.5, Jodhpur Metropolitan, which had previously rejected an application under Order VII Rule 11 of the Civil Procedure Code (CPC) for the dismissal of the plaint.
The plaintiff, Jogaram, had filed a suit for cancellation of a sale deed and sought a permanent injunction, claiming to be the recorded khatedar of agricultural land. He alleged that the land was to be developed for residential use in an agreement with Champa Devi and Anil Kaushik in 2012, but no development took place until 2021. Amidst disputes, Jogaram orally revoked the P/A and development agreement in January 2022. However, the defendants refused to return the original documents, leading to a written revocation notice in November 2023.
Champa Devi, through her counsel, argued that the oral revocation was invalid under Indian law, citing the necessity of a written revocation for any legally binding document. The court agreed, emphasizing that a Power of Attorney executed in writing must be revoked in writing, aligning with Section 92 of the Indian Evidence Act, 1872, which prohibits altering written contracts with oral evidence.
Justice Borana noted that the sale deed executed on October 31, 2023, was valid as the written revocation occurred post-execution. The court also dismissed claims regarding non-receipt of consideration as grounds for deed cancellation, affirming the plaintiff's right to seek recovery through separate legal action.
Highlighting the importance of preventing frivolous litigation, the judgment underscored the court's duty to reject cases that lack genuine cause of action. The decision reflects a commitment to uphold judicial efficiency by curbing baseless lawsuits that burden the legal system.
The court's order concluded by dismissing the plaint, allowing for the refund of court fees upon application by the plaintiff, and disposing of all pending applications.
Bottom line:-
The oral revocation of a Power of Attorney (P/A), which was originally executed in writing, is invalid under Indian law. A written document required for validity cannot be altered or revoked orally; it must be revoked in writing.
Statutory provision(s):
- Civil Procedure Code, 1908, Order VII Rule 11
- Indian Evidence Act, 1872, Section 92
Smt. Champa Devi v. Jogaram, (Rajasthan) : Law Finder Doc id # 2889649
