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2019 Supreme(Ker) 676

K.HARILAL, ANNIE JOHN
Dinesan K. , S/o. Late Krishnan – Appellant
Versus
Pushpa K, W/o. Dinesan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt.K.V.Bhadra Kumari
For the Respondent: Sri.Ramesh .P

JUDGMENT :

HARILAL, J

Whether the power of attorney holder has the right to argue the case for on behalf of the Principal, as of right, under the power of attorney before the court? This is the question that emerges for consideration in this original petition.

2. The petitioner herein is the petitioner in O.P.No.509/2018 on the files of the Family Court, Thalassery. The aforesaid original petition was filed seeking dissolution of marriage on the ground of cruelty. He has filed I.A.No.250/2019 seeking permission to argue his case by his power of attorney holder. According to the petitioner, he has not appointed a lawyer in this case because of his previous experience with his lawyer. So he prayed for permitting his power of attorney holder to appear and argue the case on behalf of him.

3. The respondent filed counter contending that none other than a lawyer or a party-in-person has the right to argue a case before the court. The intention of the petitioner is only to protract the proceedings and to unnecessarily harass the respondent.

4. After considering the aforesaid rival pleas, the court below dismissed the said application on a finding that though a party can appoint an agent or a p

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