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2022 Supreme(Online)(MAD) 41932

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
R.JAMBU – Appellant
Versus
P.VIJAYAKUMAR – Respondent


COMMON ORDER

These Civil Revision Petitions have been filed as against the Fair and Decreetal order dated 13.07.2016 made in I.A.Nos.16187 and 16188 of 2015 in O.S.No.3464 of 2010 on the file of the VI Assistant Judge, City Civil Court, Chennai, thereby dismissed the petitions filed to eschew the proof affidavit filed by the Power Agent as Defendant Witness-1 and to reject the document of Power of Attorney which was marked as Ex.B1.

2. The petitioners are the plaintiffs in the suit filed by them for partition. Pending suit, the first respondent herein filed a petition to condone the delay in receiving the documents of Power of Attorney which was executed by his son in his favour to depose before the Trial Court. The same was allowed and thereafter the first respondent herein marked the Power of Attorney as Ex.B1 and filed the proof affidavit of D.W.1. At that juncture, the petitioners filed applications to reject Ex.B1 and eschew the proof affidavit filed by D.W.1, on the ground that Ex.B1 was not adjudicated in India, since it was executed in United States of America. When D.W.1 has no power to depose on behalf of the first defendant, his proof affidavit also has to be eschewed. Ho

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