JUDGMENT

Leave granted. Appeal heard.

2. This appeal by special leave is against the judgment of the Panaji Bench, Goa of the Bombay High Court dated 11-1-1983 whereby the learned single Judge of the High Court upheld the order dated 19-3-1979 passed by the Trial Court.

3. The order of the Trial Court dated 19-3-1979 came to be passed in the following circumstances:

4. On 8-2-1974 the appellant herein was appointed as next friend of her parents under Order 32 Rule 15 of the Code of Civil Procedure and in April, 1974, the appellant, who is the daughter, filed a suit on behalf of her father and mother as their next friend, inter alia praying that power of Attorney dated 6-9-1972 purporting to have been executed by her father be declared null and void. The power of Attorney purports to have been executed in favour of one son Mr. Basilio Cancio Coutinho and in favour of Mr. Bricio Francisco Periera, brother-in-law of Concio Coutinho. The plaintiffs also challenged in the said suit one sale deed dated 20-9-1972 and two gift deeds dated 18-10-1972 and 2-11-1972 purporting to have been executed in pursuance of the aforesaid power of Attorney.

5. It appears that the son namely Mr. Cancio Couti