Sujoy Paul, J.

1. This petition filed under Article 227 of the Constitution challenges the order of the court below dated 18.11.2014 passed in Civil Suit No. 30-A/2014, whereby the application of the petitioner/defendant preferred under Section 151 of the Code of Civil Procedure (Annexure P/6) is rejected by the court below.

2. Petitioner is tenant of respondent/plaintiff. The tenant filed a suit for eviction and recovery of rent. The respondent gave a power of attorney (POA) to her son on 25.2.2010 (Annexure P/5). On the strength of this POA, the POA holder/Dinesh Chand Agarwal submitted his affidavit under Order 18 Rule 4 CPC before the court below. The petitioner/defendant raised an objection against this affidavit. It is contended that the POA holder cannot be permitted to enter the witness box as a plaintiff. In other words, the said person cannot depose his statement by entering the shoes of the plaintiff. It is contended by Shri D.D. Bansal that whether or not rent is properly paid is a matter of fact which must be in the personal knowledge of the plaintiff. Her son cannot depose for the same. Similarly, the son/POA holder cannot state about bonafide requirement. It