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2008 Supreme(HP) 427

DEV DARSHAN SUD
Ram Das – Appellant
Versus
Suresh Chander Prashar – Respondent


JUDGMENT

Dev Darshan Sud, J.

1. This is the defendants' petition accepting the request of the plaintiff for recalling the summons issued to him to appear as a witness on behalf of the petitioners-defendants.

2. The suit filed by the plaintiff was for a decree for possession of land detailed in the suit. From the order it appears that General Power of Attorney Sagli Ram was prosecuting the case on behalf of the plaintiff. The defendants sought assistance of the Court calling upon the plaintiff to appear as a witness in the suit. This was resisted by the plaintiff, who moved an application for recalling of the summons. It was pleaded that the suit was filed through the General Power of Attorney who is fully conversant with the factual position and that there was no need for the plaintiff to be examined as a witness in this case. The plaintiff pleaded that the Power of Attorney bound him to all acts and deeds performed by his general attorney. He also pleaded his inability to attend the Court. The application was resisted by the defendants-petitioners herein. One of the grounds urged is that the General Power of Attorney is not conversant with certain facts which only the plaintiff is aw















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