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1999 Supreme(Bom) 680

R.M.S.KHANDEPARKAR
Humberto Luis and another – Appellant
Versus
Floriano Armando Luis and another – Respondent


JUDGMENT- R.M.S. KHANDEPARKAR, J.:---This Revision Application arises from order dated 6th April, 1999 passed in Special Civil Suit No. 153 of 1993 by Civil Judge, Senior Division, Margao. By the impugned order, the Trial Court has held that the recognised agents cannot step into the shoes of the plaintiff on the basis of Power of Attorney and secondly has directed the plaintiff in the suit to step into the witness box in order to prove their case.

2.The facts relevant for the decision are that the petitioners have filed a suit against the respondents for cancellation of a gift deed in relation to and for partition of the suit property. The suit is contested by the respondents. When the matter came up for hearing, the plaintiffs in the suit were sought to be represented by their Power of Attorney as the witness on their behalf by virtue of a deed of Power of Attorney executed by the plaintiffs in favour of such person. After the examination-in-chief of such person being recorded partly, the matter was adjourned to further date on which day, the respondents who are the defendants in the suit sought to raise an objection that the holder of Power of Attorney is not entitled to depose f














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