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2003 Supreme(AP) 361

V.ESWARAIAH
Surender Raj Jaiswal – Appellant
Versus
Vijaya Jaiswal – Respondent


V. ESWARAIAH, J.

( 1 ) THE petitioners herein are defendant Nos. 2 to 7 in suit O. S. No. 281/2001 on the file of the XIII Additional Chief Judge, City Civil Courts, Hyderabad, filed by the respondent for partition of the joint family properties. The petitioners herein filed I. A. No. 42/2002 in the said suit under S. 151 Code of Civil Procedure to direct the respondent herein to engage an advocate to represent her or to appear personally and conduct the case by herself personally and cross-examine DW-1 and other witnesses that may be produced on behalf of the petitioners herein by prohibiting PW-1 the husband of the respondent who is her Power of Attorney Holder from doing such acts.

( 2 ) IT is stated in the affidavit filed in support of the said Interlocutory Application that the respondent herein originally appointed an advocate to represent her case and the husband of the respondent herein was examined as PW-1 in the capacity of Power of Attorney Holder of the respondent and he was also cross-examined. After the death of the previous advocate namely, Sri Shankar Rao Bilolokar, she engaged another advocate namely, Sri T. V. S. Sastry and changed him and another advocate namely,













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