JUDGMENT

Aggrieved by Ext.P6 order allowing the holder of power of attorney of the plaintiff to testify on behalf of him in a suit, the 4th defendant has come up before this Court.

2. Heard the learned counsel on both sides.

3. The suit is one for injunction restraining the defendants from demolishing eastern wall of plaint B schedule property and to remove the obstruction in plaint C schedule property and also to recover damages allegedly caused due to the obstruction of a pathway.

4. In respect of the same subject matter, there is another suit between some of the parties in this suit.

5. The defendants entered appearance and filed a written statement raising a counter claim. At the time of trial, the plaintiff in O.S.No.862 of 2016, who is said to be working in Merchant Navy, appointed his mother as power of attorney and sought her examination to prove his case. Court below allowed the request of the contesting respondent/plaintiff as per Ext.P6 order.

6. Learned counsel for the petitioner contended that the power of attorney cannot testify on behalf of the plaintiff. According to him, the attorney should be cited as a witness by providing a witness list and taking recourse to the proc