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2017 Supreme(Cal) 610

ASHIS KUMAR CHAKRABORTY
Malay Kumar Sen – Appellant
Versus
Rekha Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Buddhadeb Ghosal, Sanjit Kumar Ghosh, Suman Jaiswal
For the Respondents: Ayan Banerjee

JUDGMENT :

Ashis Kumar Chakraborty, J.

1. The subject matter of challenge in the present revisional application is an order dated September 22, 2016 passed by the learned Civil Judge (Junior Division), Additional Court, Chandernagore in Title Suit No. 726 of 2014 on the application of the revisional petitioner for not to allow the second power of attorney holder of the opposite party, the plaintiff in the suit, to adduce evidence and not to allow the power of attorney executed by the opposite party as produced by the power of attorney holder as an exhibit. The learned Court below rejected the said application on the ground that in the present case the plaintiff is an old lady, who is unable to adduce before the Court as she is and the power of attorney holder is familiar with the matters involved in the suit. The learned Court below further held that since the power of attorney disclosed by the opposite party plaintiff's witness is a registered document, the same is as public document within the meaning of Section 74(2) of the Indian Evidence Act and the same is admissible under Section 76 of the said Act.

2. The brief facts giving rise to the present revisional application are that t

















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