Heard Mr. B.D. Goswami, learned counsel for the appellants. Also heard Mr. A.C. Sarma, learned counsel for the respondent.

2. This appeal is preferred by the successors of the original defendant against the judgment and decree dated 13.11.2003 passed by the learned Civil Judge (Sr. Divn.) No.2, Guwahati in Title Appeal No.40/2002 dismissing the appeal and affirming the judgment and decree dated 30.04.2002 passed by the learned Civil Judge (Jr. Divn.) No.1, Guwahati in Title Suit No. 101/1995.

3. The second appeal was admitted to be heard by an order dated 06.04.2004 on the following substantial questions of law:

“1. Whether power of attorney-holder can depose in the case on behalf of the Principal in the absence of any infirmity of the Principal in view of Section 2 of the Power of Attorney Act and Order XXXII Rule15 CPC?

2. Whether in a suit decree of eviction can be passed in absence of proof of right, title over the suit land ?

3. Whether a Court can allow an agent of the plaintiff to plead the case of the plaintiff on the basis of an unregistered power of attorney?”

4. The plaintiff filed the suit through her attorney, who is her husband, for right, title and interest in