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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Milind Ramesh Phadke
Munni Devi – Appellant
Versus
Goverdhan – Respondent
| Table of Content |
|---|
| 1. facts of ownership and power of attorney (Para 2 , 3) |
| 2. arguments regarding validity of power of attorney deposition (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's view on power of attorney (Para 9) |
| 4. court's analysis of power of attorney's role (Para 10 , 11 , 12) |
| 5. final order on the application regarding power of attorney (Para 13) |
ORDER :
Milind Ramesh Phadke, J.
The present petition, under Article 227 of the Constitution of India , has been filed assailing the order dated 25.03.2023 passed by V Civil Judge, Junior Division, Morena in Civil Suit No.161-A/2021 whereby, the application filed by the respondent/plaintiff under Order 3 Rule 2 read with Section 151 of the Code of Civil Procedure, 1908 seeking permission to record the evidence through his registered Power of Attorney i.e. his nephew, namely, Rohit was rejected.
FACTS
2. Short facts of the case are that the respondent No.1/plaintiff had filed a civil suit for declaration and permanent injunction with the pleading that father of the plaintiff/respondent No.1 Ramcharan had purchased the land bearing Survey No.520, ad-measuring 0.6580 hectares situated at Village Devari, Tehsil and District Morena vide registered sale
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.
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 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....
Parties in a civil suit can be summoned as witnesses under the CPC, but compelling testimony without sufficient cause violates procedural norms.
A party to a suit can call another party as a witness under specific circumstances, but must provide a valid justification for doing so according to procedural rules.
A Power of Attorney holder cannot depose for a plaintiff unless exceptional circumstances are proved.
A father holding a registered Power of Attorney from his son can depose as a witness for the son in a suit for permanent injunction, if he has personal knowledge of the facts of the case.
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