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1966 Supreme(MP) 69

T.P.Naik
Vidyawati – Appellant
Versus
Fattilal – Respondent


Advocates Appeared:
Hemchand Jain (Am-Mukhtyar) for applicant
R. S. Dabir amicus curiae.

ORDER

Naik, J.

l. The short but an important point which at present arises in this civil revision is whether Hemchand, who holds a general power of attorney on behalf of his wife Vidyawati the applicant, can act and plead on her behalf in this Court;

2. Hemchand says that he, his wife and their children constitute a joint Hindu family and that due to paucity of funds he is required to conduct cases on his own and on behalf of his wife in the various Courts in India. He claims that by virtue of a general power of attorney, which he holds from his wife, be is empowered to act and plead in this Court on her behalf in this Civil revision.

3. The civil revision bas been filed by Hemchand as agent of Vidyawati, and by this revision the applicant Vidyawati . seeks to challenge the orders passed by the Civil Judge, Class II, Murwan, on 9-8-1965 and 18-6-1965 in civil suit No. 66-A of 1964.

4. Under rule 1 of Order III of the Code of Civil Procedure,., Any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party
































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