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1997 Supreme(Raj) 578

S.K.SHARMA
RAM PRASAD – Appellant
Versus
HARI NARAIN – Respondent


Advocates Appeared:
AJIT BHANDARI, Kanta Prasad Sharma

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. A power-of-attorney holder of a party cannot appear as a witness on behalf of that party. They can only appear in their personal capacity and testify about what they personally know (!) (!) .

  2. The relevant statutory provisions include Rule 2 of Order 3 of the Civil Procedure Code, which recognizes agents holding powers of attorney to make appearances and perform acts on behalf of parties, but does not explicitly include the act of appearing as a witness (!) (!) .

  3. Section 118 of the Indian Evidence Act states that all persons are competent to testify unless the court considers that they are prevented from understanding questions or giving rational answers due to age, disease, or other causes (!) .

  4. The court emphasized that the word "acts" in Rule 2 of Order 3 does not encompass the act of a power-of-attorney holder appearing as a witness on behalf of a party. Such a witness must testify in their own capacity, not as a representative of the party (!) .

  5. If a party is unable to appear in court due to reasons such as old age or deafness, provisions exist to facilitate their testimony, such as issuing a commission for recording evidence or using alternative methods like sign language or written statements, in accordance with the Evidence Act (!) (!) .

  6. The court dismissed the revision petition, upholding the trial court's decision, and clarified that the act of a power-of-attorney holder to appear as a witness on behalf of a party is not permissible under the relevant legal provisions (!) (!) .

Please let me know if you need further analysis or assistance with this case.


Judgment


S. K. SHARMA, J.

( 1 ) CORE question that springing for consideration in this revision is as to whether power-of-attorney holder of a party is entitled to appear as a witness on behalf of the said party?

( 2 ) THIS question arises in the following circumstances. (I) The plaintiff-petitioner (for short the plaintiff) instituted a suit for injunction and possession of the property against the defendant non-petitioner (for short the defendants ). The defendants files written statement and issues were framed by the learned trial Court. The case, therefore, was posted for recording the evidence of the plaintiff. (II) The plaintiff, in the meanwhile, moved an application praying that his son Satya Narayan, being his general power-of-attorney holder, may be allowed to appear as witness on his behalf. The defendant contested the said application. The learned trial Court vide its order dated November 15, 1996 dismissed the said application. Hence this revision.

( 3 ) BEFORE adverting to the rival contentions it is necessary to refer to relevant statutory provisions.

( 4 ) RULE 2 of Order 3 of Code of Civil Procedure provides thus :-"recognised agents- The recognised agents of part










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