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1996 Supreme(AP) 771

B.K.SOMASEKHARA
Tukaram, through G. P. A. Holder Sri Shesha rao – Appellant
Versus
Bheem Rao – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE order of the learned District Munsif at Bichkunda on LA. 166/95 in o. S. No3/92 dated 3rd day of April, 1996 is challenged. The revision petitioner claims to be the General Power of Attorney (for short GPA) holder of the plaintiff in the suit. The respondents are the defendants in the suit. The petitioner filed the application under Section 151 CPC and by filing GPA into the Court sought the permission to prosecute the proceedings for and on behalf of the plaintiff. It was resisted by the respondents. The learned District Munsif after hearing both sides rejected the application.

( 2 ) MR. Dharmender Goud, learned Advocate appearing for Mr. Vinodkumar deshpande, learned Advocate for the petitioner contended that the rejection of the application of the petitioner by the learned District Munsif is without any justification and not founded on legal principles.

( 3 ) THE respondents were notified before taking up the matter for admission. They have not responded to the same. Therefore, the case is heard on merits at the admission stage only and being disposed of on merits. "

( 4 ) ADMITTEDLY, the learned Advocate for the petitioner filed the GPA into court


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