In respect of acts committed with personal knowledge, Power of Attorney cannot speak on behalf of Principal.

(Prayer: Civil Revision Petition filed under Section 115 C.P.C. against the fair and decretal order passed by the learned District Munsif, Udumalpet, dated 21.09.2004 in E.A.No.318/2004 in E.P.No.14/2004 in O.S.No.169/1996.)

This Revision Petition is filed against the order passed under Order 3 Rule 3 read with 151 C.P.C.

2. The brief facts leading to the filing of the Revision petition are as follows :

(i) The respondents are the plaintiffs in the suit. The suit is for declaration and permanent injunction in respect of suit schedule properties in S.No.139/9 including the 3 feet channel. The suit has been decreed on 13.03.2003. The defendant and her three sons disobeyed the decree and have caused interference. Consequently, the plaintiffs could not cultivate their lands. On 15.12.2003, the defendant stopped the flow of water through the channel to the plaintiffs' lands. The defendant did not agree to the decision of the Panchayat also. Since the defendant has deliberately disobeyed the decree for injunction and caused interference, the plaintiffs' filed a petition in E.P.No.14 of 2004 under Section 55 read with Order 21 Rule 32 C.P.C. for arrest and for detention in civil prison.

(ii) In the said E.P., the defendant's son, R.Arjunan filed an Execution Application No.318 of 2004, under Order 3 Rule 3 r/w Section 151 C.P.C. to permit him to represent his mother, the defendant, namely Smt.Valliammal, as her Power Agent. In his application, he has stated that his mother has executed Power of Attorney document on 23.04.2002 appointing him as her Power Agent to conduct the above suit on her behalf.

(iii) In the Execution Application, respondents/plaintiffs filed a counter affidavit contending that the E.P. is filed for contempt under Order 21 Rule 32 against the judgment debtor for the personal act committed by the defendant. The remedy sought for is personal and is only against the judgment debtor and that therefore, the Power of Attorney cannot speak on behalf of the judgment debtor. Inasmuch as the accusation is against the defendant, the Power of Attorney has no locus standi to prosecute the Execution Proceedings. Considering the rival submissions made by the parties, the Lower Court dismissed the Execution Application seeking leave to represent the judgment debtor. Aggrieved against the same, the present Revision Petition is filed.

3. Learned counsel for the petitioner contended that the order of the Lower Court suffers from material irregularity in exercise of its jurisdiction. He further submitted that Civil Procedure Code provides that the party can be represented by his Power Agent and that there is no prohibition to represent on behalf of the Principal even in Execution Proceedings for the alleged violation of injunction order. He further submitted that the Power Agent will only put forth the defence of the judgment debtor and that any order passed in the Execution Proceedings will be binding on the judgment debtor. Even in the suit, the Power Agent has represented the judgment debtor and that there was no objection for the same. Therefore, the order of the Lower Court, that the judgment debtor cannot be represented in Execution Proceedings and she must file her pleadings in person is incorrect.

4. On the other hand, Mr. D. Krishnakumar, learned counsel for respondents submitted that the Power Agent can speak only for the purpose for which the Power of Attorney is given and not for personal acts committed by the defendant. Inasmuch as for violation of injunction, arrest and civil detention is sought for, the violator should personally explain to the Court and it cannot be spoken to by the Power of Attorney. He further submitted that the proceedings can be equated to a contempt proceeding.

5. In support of his contention, learned counsel for respondents relied on the judgment reported in Janki Vashdeo Bhojwani and another vs. Indusind Bank Limited and others (2005 (3) MLJ 109), in which the Supreme Court in paragrap