IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL REVIEW PETITION NO.154 OF 2019 BETWEEN:
SMT. INDIRAMMA AGED ABOUT 84 YEARS D/O LATE V.SRINIVASA RAO R/AT KALPAVANA, CART STREET KOTESHWARA-576 222 KUNDAPURA, UDUPI DISTRICT REPRESENTED BY GPA HOLDER RAGHAVENDRA RAO AGED ABOUT 43 YEARS S/O CHANDRASHEKAR RAO BAILZED HOUSE, KARKALA … PETITIONER [BY SMT. INDIRAMMA, PARTY IN PERSON (ABSENT) AND SRI RAGHAVENDRA RAO, GPA HOLDER ALSO ABSENT) AND:
1. K.GAJENDRA HATHWAR AGED ABOUT 67 YEARS S/O LATE KOTESHWARA HATHWAR R/AT KALPAVANA, CART STREET KOTESHWARA POST KUNDAPURA TALUK UDUPI DISTRICT-576 222 2. K.S.SREEKANTH AGED ABOUT 24 YEARS R/O NO.105, GAYATHRI NILAYA 12TH B MAIN, 6TH BLOCK RAJAJINAGAR BENGALURU-560 010 3. K.S. SREENATH AGED ABOUT 24 YEARS R/O NO.105, GAYATHRI NILAYA 12TH B MAIN, 6TH BLOCK RAJAJINAGAR BENGALURU-560 010 4. K.SURENDRA RAO S/O LATE KUPPAYYA ALIAS SRINIVASA RAO AGED ABOUT 46 YEARS C/O A.S.MANOHAR HOTEL ABHIRUCHI BAZAR ROAD, HUNSUR MYSORE DISTRICT-570 001 ... RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC PRAYING TO REVIEW THE ORDER DATED 07.02.2019 PASSED BY THIS COURT IN M.S.A.NO.76/2014 AND ETC.
THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is absent.
Petitioner has not engaged any advocate but wants her general power of attorney holder to represent her in this case.
2. The Hon’ble Supreme Court in Goa Antibiotics and Pharmaceuticals Ltd. V/s. R.K.Chawla and another1 has held that only a person who is 1 (2011) 15 SCC 449 enrolled as an advocate can practice in a court, except where otherwise provided by law and that is also evident from Section 29 of the Advocates Act, 1961. It was further held that a natural person can argue his own case personally but cannot give a power of attorney to anyone other than a person who is enrolled as an advocate to appear on his behalf. On that count, the petition is incompetent.
Office objection is also not complied. Therefore, the petition is dismissed.
Sd/- JUDGE KG