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KAUSER EDAPPAGATH
Smitha – Appellant
Versus
Anil Kumar – Respondent
JUDGMENT :
The rejection of the request for examining the husband of the plaintiff in the trial of a suit, for and on behalf of the plaintiff, is under challenge in this original petition.
2. The petitioner is the plaintiff, and the respondents are the defendants in O.S.No.106/2010 on the files of the Sub Court, Manjeri (for short 'the trial court'). The suit is to declare two registered cancellation deeds executed by the 1st defendant as null and void and for a permanent prohibitory injunction.
3. When the case was posted for evidence, the petitioner filed I.A.No.3/2023 (Ext.P1) to permit her husband to adduce evidence for and on her behalf. The trial court dismissed the application as per the impugned order.
4. I have heard Sri. Vinod Madhavan, the learned counsel for the petitioner. There is no appearance for the respondents.
5. The trial court dismissed Ext.P1, holding that it is not possible to permit any person to give evidence on another person's behalf. It was further observed that the husband could be cited as a witness and examined as the plaintiff's witness.
6. Section 135 of the Evidence Act deals with the order of production and examination of witnesses. It lays down that th
A non-litigating spouse can testify on behalf of their litigating spouse without needing a power of attorney, per Section 120 of the Evidence Act.
(1) Competency of a person to testify as a witness is a condition precedent to admissibility and credibility of his evidence.(2) In civil proceedings parties and their husbands and wives are competen....
A witness must have personal knowledge of the facts to testify, and a son cannot testify in place of a parent but can provide evidence if knowledgeable.
Relevancy of power of attorney holder and his evidence can be considered in facts and circumstances of each case – Extent of personal knowledge is a matter to be seen on a case to case basis.
The central legal point established in the judgment is the competency of a spouse as a witness in civil proceedings, as outlined in Section 120 of the Indian Evidence Act.
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