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H. B. PRABHAKARA SASTRY
G. V. Nagarathna, W/o. Late Ramakrishnaiah – Appellant
Versus
Lingamma, D/o. Late Marigangaiah, W/o. Late Chikkananjappa – Respondent
ORDER :
1. The present petitioners, who are defendant Nos.10, 11 and 12, in O.S.No.978/2014, in the Court of learned Senior Civil Judge and J.M.F.C., Magadi, (hereinafter for brevity referred to as ‘trial Court’), have filed this writ petition seeking quashing of the order dated 05.08.2015 passed by the trial Court by allowing the interlocutory application filed by the plaintiff therein under Order III Rule 2 read with Section 151 of Code of Civil Procedure, 1908 (hereinafter for brevity referred to as ‘CPC’), in permitting the Special Power of Attorney Holder of the plaintiff to proceed further in the suit.
2. Undisputedly and as could be seen from the copy of the plaint, which is produced at Annexure-‘A’, the suit was filed for the relief of partition and separate possession of the suit schedule properties by metes and bounds and also for permanent injunction. The present petitioners as defendant Nos.10, 11 and 12 appeared in the matter and filed their statement of objections. It is thereafter, the plaintiff filed an interlocutory application under Order III Rule 2 read with Section 151 of CPC, seeking permission to appoint Special Power of Attorney. The said application came to b
The power of attorney holder cannot depose for the principal in matters of which the principal alone can have personal knowledge.
A Power of Attorney holder may manage proceedings but cannot testify on behalf of the principal for acts beyond their knowledge or where the principal must be cross-examined.
Point of Law : Negligence and failure to produce such evidence because of inadvertence/negligence, is not a lawful ground to permit a party to lead the additional evidence within the ambit and scope ....
The main legal point established is that under Order 6 Rule 17 of CPC, the court may allow the parties to alter or amend their pleadings at any stage of the proceedings in such manner and on such ter....
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