Rasool Mohammad (Dead) Through Lrs. v. Anees Khan - 2023 Supreme(Online)(MP) 27256

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2023 Supreme(Online)(MP) 27256

MADHYA PRADESH HIGH COURT
Vijay Kumar Shukla, J
Rasool Mohammad (Dead) Through Lrs. v. Anees Khan

Advocates:
For the Appellants/Petitioners: Adv. A
For the Respondents: Adv. B

Table of Content
1. consent for final hearing. (Para 1 , 2)
2. power of attorney's role in leading evidence. (Para 3 , 4)
3. court's discretion in applications for deposition. (Para 5 , 6 , 7 , 8)
4. limited scope of interference under article 227. (Para 9)
5. final ruling on the petition. (Para 10)

1. With the consent of the parties, the matter is finally heard.

2. The present petition has been filed challenging the order dated 07.11.2017 passed by the First Civil Judge Class-I, Varaseoni District Balaghat, whereby an application filed by the petitioner for permitting the Power of Attorney holder to lead evidence and continue with the Civil Suit has been rejected.

3. It is alleged that Late Shri Rasool Mohammad filed a civil suit for declaration and permanent injunction before the learned Court below. The respondent/defendants have filed a written statement before the Trial Court and the issues were framed by the learned Trial Court. During the pendency of the civil suit Rasool Mohammad expired and legal representatives i.e. as wife was added as legal heirs. The plaintiff petitioner has executed a Power of Attorney on 01.09.2016 and authorised Zaheer Qureshi to proceed on behalf of her in