1. Petitioners, who are the plaintiffs before the Court below, filed suit for declaration of title and also for recovery of suit schedule property. The cause of action taken by the plaintiffs/petitioners is that they are dispossessed from the suit schedule property. It is the further case of the first plaintiff, who is the wife of the second plaintiff, that she is the foster-daughter of Bheemanna and Basamma and she inherited the property on the death of her father. Defendants are the brothers of her father. They have deprived the inheritance of the property of Bheemanna and Basamma as the parents of the first plaintiff. She made an application under Order 3, Rule 2 of the Code of Civil Procedure, 1908 by executing power of attorney in favour of the second plaintiff, who is none other than her husband. The said application came to be rejected. It is the submission of the learned Counsel that the rejection of application is an error of law and fact. When the plaintiff proved her case that the second plaintiff is her husband and he has got personal knowledge of disputed question and fact, she has got all rights to execute power of attorney and she cannot be forced to step into