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2003 Supreme(All) 755

R.P.MISRA
Siya Nand Tyagi – Appellant
Versus
Addl. District Judge, Court No. 3, Ghaziabad – Respondent


Advocates:
Counsel for the Petitioner: M. D. Singh Shekhar.
Counsel for the Respondents: S.C.

JUDGMENT

R. P. Misra, J.—Heard Sri M.D. Singh, ‘Shekhar’, learned counsel for the petitioner.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the impugned order dated 1.2.2003 passed by Additional District Judge (Court No. 32), Ghaziabad, and also for issuance of a writ of mandamus directing Additional District Judge (Court No. 3), Ghaziabad, the District Judge, Ghaziabad and his subordinate officers, not to interfere in the right of the petitioner to appear, plead and act on behalf of the party in a civil case on the basis of the special power of attorney executed in favour of the petitioner.

3. By the aforesaid order dated 1.2.2003, passed in Civil Appeal Nos. 57 and 58 of 1995, learned Additional District Judge, Ghaziabad, has refused to permit the petitioner to advance arguments in the aforesaid appeals on behalf of the appellants on the basis of special power of attorney executed in favour of the petitioner and has directed the appellants to engage counsel within 15 days.

4. According to the petitioner, the appellants are unable to engage any legal practitioner due to poverty and are also unable to advance arguments






























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