SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(Chh) 105

FAKHRUDDIN
SHAlL DEVI SARAF – Appellant
Versus
JANAKIBAI GUPTA – Respondent


Advocates Appeared
Shri Shrikumar Agrawal, Advocate, for the Petitioner.
Shri H.S. Tripathi, Advocate, For the Respondent.

ORDER

1. The applicant/plaintiff has filed suit for eviction against the non applicant/defendant. In the said suit, Mukhtyarnama executed by the applicant in favour of her husband was sought to be brought on record, but by impugned order dated 6-2-2001, the said prayer has been rejected. The plaintiff filed an application under Section 151 C.P.C. before the trial Court praying that she is a Parda Nashin lady and she generally remains sick, as such her husband Shankar Lal be permitted to act, appear and plead on her behalf in the suit. The said prayer was objected by the defendant on the ground that she is neither Parda Nashin lady nor is sick.

2. The learned trial Judge rejected the said prayer of the applicant on the ground that the suit has been filed by her and Mukthyarnama contained the photograph and as such she does not appear to be a Parda Nashin lady. It is also mentioned that the material regarding her sickness has not been produced and as such the application for taking Mukhthyarnama has been rejected.

3. Counsel for the applicant relied on the provisions of Power of Attorney Act. Section 2 of the Power of Attorney Act is pertinent to quote here which reads as under:

"2 - Exe











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top