- (1.) Core question that springing for consideration in this revision is as to whether power-of-attorney holder of a party is entitled to appear as a witness on behalf of the said party?
(2.) This question arises in the following circumstances. (i) The plaintiff-petitioner (for short the plaintiff) instituted a suit for injunction and possession of the property against the defendant non-petitioner (for short the defendants). The defendants files written statement and issues were framed by the learned trial Court. The case, therefore, was posted for recording the evidence of the plaintiff. (ii) The plaintiff, in the meanwhile, moved an application praying that his son Satya Narayan, being his general power-of-attorney holder, may be allowed to appear as witness on his behalf. The defendant contested the said application. The learned trial Court vide its order dated November 15, 1996 dismissed the said application. Hence this revision.
(3.) Before adverting to the rival contentions it is necessary to refer to relevant statutory provisions.;