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2023 Supreme(All) 1778

SUNEET KUMAR, RAJENDRA KUMAR-IV
Monica Saravanan – Appellant
Versus
R. Sarwanan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sujan Singh

JUDGMENT :

1. Heard learned Counsel for the plaintiff-appellant/wife.

2. The instant appeal is directed against the order dated 17.11.2022, passed by the Principal Judge, Family Court, Agra, in Case No.3039 of 2022, (Smt. Monica Saravanan versus R. Saravanan), on an Application (8-Ga) filed by the appellant, wherein, the prayer of the appellant, appointing her father, to do pairvi in the case through special power of attorney, as appellant would not be available in the country, as she intents to proceed to Canada to pursue her carrier. Application came to be rejected by the impugned order, wherein, it is noted by the learned Trial Court that the application under Order 3 Rule 2 CPC has not been instituted through an agent or power of attorney holder. It is further noted that the appellant-plaintiff is present in the Court and submits that for further proceedings she has appointed her father through special power of attorney to do pairvi in the matter. The application came to be rejected, as in the opinion of the Court, the power of attorney has not been filed in the representative capacity.

3. Learned Counsel for the applicant submits that the Court below committed an error in rejecti

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