ORDER :

1. This petition filed under Article 227 of the Constitution challenges the order dated 28.11.2017, whereby I.A. No. 2 of 2017 dated 04.10.2017 filed by the petitioner/defendant was rejected by the Court below.

2. The admitted facts between the parties are that in the instant civil suit the petitioner/defendant filed a power of attorney in favour of his son and apprised the Court below in specific that his son will enter the witness-box on his behalf. In turn, the son, namely, Jitendra Burman entered the witness-box, deposed his statement and was cross-examined. The petitioner/defendant introduced his son as power of attorney holder on the ground that he is suffering from an aliment of forgetfulness because of which his memory was not in order and, therefore, his son will depose on behalf of the defendant. Thereafter, the defendant himself filed an application dated 04.10.2017 (Annexure-P/6) seeking permission to lead evidence. The same was opposed by the plaintiff by filing reply dated 07.11.2017. The Court below rejected the said application of petitioner/defendant by impugned order dated 28.11.2017.

3. Mr. Verma, learned senior counsel criticized this order by contending th