SUNITA YADAV
Madan Singh Raghuvanshi – Appellant
Versus
Reena Raghuvanshi – Respondent
ORDER
1. The present petition is filed assailing the order dated 29.8.2019 passed in Civil Suit No.RCS A/100003/2016 by First Additional District Judge, Sironj District Vidisha.
2. The facts in brief to decide the petition are that the plaintiff has filed a civil suit for declaration, possession and for grant of mesne profit on the ground that the plaintiff is the owner of the property which he has purchased vide registered sale-deed dated 23.2.2000 from Ravi Rai S/o Shri Babulal and Suraj Bai W/o Shri Babulal. It was further pleaded by the plaintiff that defendant No.2 namely Raghunath Singh is father of the plaintiff and he wanted to start a business of selling and purchasing of tractor and therefor he took the property in question. It was further pleaded that defendant No.1/petitioner used to work with defendant No.2 and since he was not having any place to reside in Sironj, therefore, defendant No.2 allowed defendant No.1 to reside on the first floor and consequently since February 2011 defendant No.1 along with his family is residing in the disputed property. It was further pleaded that since August 2013, defendant No.2 has closed down the business of selling and purchasing of t
Relevancy of power of attorney holder and his evidence can be considered in facts and circumstances of each case – Extent of personal knowledge is a matter to be seen on a case to case basis.
A Power of Attorney holder may manage proceedings but cannot testify on behalf of the principal for acts beyond their knowledge or where the principal must be cross-examined.
A Power of Attorney holder can only give formal evidence about the validity of the Power of Attorney and filing of a legal proceeding when he has no personal knowledge of the transactions of the prin....
(1) Power-of-attorney holder cannot depose for Principal in respect of a matter regarding which only Principal can have personal knowledge and incurs liability to be cross-examined.(2) Pleadings cann....
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