9911796707
TMI Blog1997 (8) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf 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 record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts on behalf of such parties; 5. Section 118 of the Indian Evidence Act, 1872 provides thus :-- "All persons shall be competent to testify unless. The Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses." 7. It is evident that in Roop Chand v. Narayan Lal (supra) this Court was only examining the question of inclusion of name of witness in the list and only a passing remark was made in respect of examination of power of attorney holder or the party. Neither the provisions contained in Order 3, Rule 2 were discussed nor the word "acts" was interpreted. 8. On the other hand Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fully perused the impugned order as well as the authorities cited before me. I am of the considered view that word "acts" used in Rule 2 of Order 3 Code of Civil Procedure does not include the act of power-of-attorney holder to appear as a witness on behalf of a party. Power of attorney holder of a party can appear only as a witness in his personal capacity and whatever he has knowledge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence." 10. In view of the aforesaid observations I do not see any good reason to interfere in the finding arrived at by the learned trial Court. There is no jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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