JUDGMENT

Heard both sides. Government Pleader takes notice for respondents.

2. Petitioner filed O.S.No.39 of 2006 in the court of learned Munsiff, Devikulam seeking reliefs against the respondents. In the course of the case, a power of attorney executed in favour of her father was filed in that court. On the strength of that power of attorney, petitioner filed I.A.No.1373 of 2008 requesting that the power of attorney holder be permitted to represent the petitioner and to give evidence in lieu of oral evidence of petitioner. Learned Munsiff as per order dated 20.10.2008 received the power of attorney, permitted the power of attorney holder to represent the petitioner but refused permission to tender oral evidence in lieu of the oral evidence of the petitioner. That order is under challenge in this Writ Petition.

3. It is contended by learned senior counsel appearing for petitioner that, that part of the order by which it refused permission to the power of attorney holder to tender oral evidence in lieu of the oral evidence of petitioner is illegal in the sense that the power of attorney holder is entitled to give evidence on behalf of the petitioner with respect to the matters in his p