HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1165 of 2014 Date : 22-7-2014 Between :
Smt. J. Neeraja ..
Petitioner And Smt. S. Prameela and others .. Respondents Counsel for petitioner : Smt. T. Vidyarani Counsel for respondents : Sri Venkateswarlu Sanisetty The Court made the following:
ORDER :
This Civil Revision Petition arises out of order dated 17-2-2014 in I.A.No.1262 of 2012 in O.S.No.108 of 2006 on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar.
The petitioner filed the above mentioned suit for declaration of her title over the suit schedule property and for delivery of possession thereof. After closure of evidence on the petitioner’s side, one A. Prasad, has filed an application on behalf of respondent No.1/defendant No.1 to permit him to depose on behalf of the said respondent as her General Power of Attorney (GPA). This application was resisted by the petitioner. However, the lower Court, by the above mentioned order has allowed the said application.
It is true that the evidence of a GPA on the facts which are exclusively within the knowledge of a party to the dispute, cannot be given any weight. However, if respondent No.1/defendant No.1 seeks to run the risk of setting up her GPA for giving evidence, no party can raise an objection thereto. As rightly pointed out by the lower Court, if any person wants to give evidence on behalf of a party, he cannot be prevented from doing so, but at the same time, the opposite party has a right to request the Court to discard the evidence of such witness if he is able to show that the facts spoken to by such witness are within the exclusive knowledge of the party on whose behalf the witness has deposed. In this view of the matter, I do not find any reason to interfere with the order of the lower Court.
The Civil Revision Petition is accordingly dismissed, subject to the observations made hereinbefore.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.1625 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 22-7-2014 AM