RASIYA – Appellant
Versus
ABOOBACKER @ ABU HAJI – Respondent
The petitioner is the plaintiff in O.S.302/2011 on
the files of the court below. The petitioner filed
I.A.1131/2015 in the said suit, praying for sending
the power of attorney for expert opinion. It is alleged
that in the light of the above said power of attorney,
a document was registered in favour of the second
defendant by the first defendant. The court below as
per Ext.P11 order dismissed the said application,
against which this original petition has been filed.
2.
Heard.
3.
The court below had recorded that the
petitioner had no case in the plaint that the signature
appearing in the power of attorney is not the
signature of the petitioner. However, it has been
brought to the notice of this Court by the learned
counsel for the petitioner that the said observation of
-3-
the court below is factually incorrect. Ext.P8 is the
copy of a letter, which would show that no power of
attorney was attested by the Embassy as alleged by
the first defendant.
4.
The petitioner would contend that the
signature on the power attorney was not put by the
petitioner. It appears that if the petitioner is able to
prove, by examining the officials in the Embassy, that
the said power of
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