On behalf of respondent No.11 learned Counsel raises an objection to appearance on the part of the Power of Attorney of the petitioner at the time of hearing this Notice of Motion. The Power of Attorney is the son. The Power of Attorney draws our attention to the judgment of the Supreme Court in the case of Janki Vashdeo Bhojwani & Anr. vs. Indusind Bank Ltd. & Ors. A.I.R. 2005 S.C. 439. The issue before the Supreme Court was whether the Power of Attorney can depose in place of the principal. In that context we may reproduce paragraphs:-

"17. On the question of power of attorney, the High Courts have divergent views. In the case of Shambhu Dutt Shastri v. State of Rajasthan, 1986 (2) WLL 713 it was held that a general power of attorney holder can appear, plead and act on behalf of the party but he cannot become a witness on behalf of the party. He can only appear in his own capacity. No one can delegate the power to appear in witness box on behalf of himself. To appear in a witness box is altogether a different act. A general power of attorney holder cannot be allowed to appear as a witness on behalf of the plaintiff in the capacity of the plaintiff."

"18. The aforesaid