The suit of the plaintiff/appellant for cancellation of the sale deeds dated 22.7.88 and 25.8.94 was decreed by the court of first instance but in appeal the decree of the lower court has been reversed and the suit has been dismissed relying upon the evidence of the power of attorney holder of the defendant/respondent no.1.
Admit on following substantial question of law and issue notice to the respondents.
Whether the evidence of Jai Chandra Saluja power of attorney holder of the defendant no.1 Km. Urmila Rani could have been relied upon and whether he could have deposed on her behalf in respect of matters, which were in her personal knowledge in view of the provision contained Order 3 Rules 1 and 2 of the C.P.C.?
Until further orders of this court parties are directed to maintain status quo with regard to possession and nature of land in dispute.
Order Date :- 7.9.2010 piyush