ORDER

This petition under Article 226 of Constitution of India has been filed against the order dated 17.8.2022 passed by 7th District Judge, Satna in Civil Suit No.5-A/2022 by which the objection raised by the petitioner with regard to the affidavit filed by Ashish Tiwari, who is the son-in-law of plaintiff no.1(A) in the capacity of holder of power of attorney of plaintiff no.1(A) has been rejected.

2. By relying upon the judgment passed by SSuupprreemmee CCoouurrtt iinn tthhee case of Janki Vashdeo Bhojwani and another Vs. Indusind Bank Limited and others, reported in (2005) 2 SCC 217, it is submitted by counsel for petitioner that power of attorney holder cannot depose for and on behalf of principal but he can depose only to the extent of acts done by him. It is submitted that in the present case there is nothing on record to suggest that anything was done by the holder of power of attorney and, therefore, the documents, which he wants to get them exhibited, cannot be permitted. Exhibiting a document is not a mere formality and the person exhibiting the documents has to prove the existence as well as admissibility of those documents.

3. Per contra, it is submitted by counsel for t