ORDER

By the present petition, the petitioners have challenged the order passed by Second Civil Judge, Senior Division Bareli District-Raisen in RCSA No. 37- A/2019 on 22.02.2024, whereby the application moved on behalf of petitioners under Section 151 of CPC was dismissed and the respondent was permitted to examine the power-of-attorney holder in her place.

2. Learned counsel for petitioners submits that as per the provision of Order III Rule 1 of CPC, the power-of-attorney holder can act only and is not competent to give evidence in a capacity of party. He further submits that power-of-attorney holder may appear before the Court as a witness but cannot be appeared as a party and, therefore, order passed by learned Trial Court is contrary to the provisions of law and is liable to be set aside.

3. Learned counsel for petitioners relied on the order passed by Co- ordinate Bench in M.P. No. 5277 of 2019 (Rameshchandra and Ors. vs. Rajesh Kumar Sharma and Ors.) on 05.04.2022, whereby the Co-ordinate Bench has held that power-of-attorney can appear in the witness box in his personal capacity and not on behalf of principal who has to depose and to be cross-examined before the trial Cou