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Judicial Analysis Court Copy Headnote Facts Arguments Court observation
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2019 Supreme(Online)(KER) 67175

RASIYA – Appellant
Versus
ABOOBACKER @ ABU HAJI – Respondent


Advocates:
['SRI R SREEHARI', 'SRI S V BALAKRISHNA IYER SR', '', 'SRI S V BALAKRISHNA IYER SR', 'SRI P B KRISHNAN', 'SRI P M NEELAKANDAN', 'SRI SABU GEORGE']

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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