The challenge in this petition under Articles 226 and 227 of the Constitution of India is to the order dated 07.04.2012 passed below Exh.41 in Regular Civil Suit No.59 of 2009 by which the prayer of the petitioner to permit him to depose as a power of attorney holder of his mother, at the stage when cross-examination was discontinued after completion of examination in chief.
2. By the said application, a specific request was made that as per Order 18 Rule 4 of the Code of Civil Procedure, 1908, the written examination in chief was presented to the court and cross-examination by the defendant was incomplete and in the meanwhile she had to go to USA and was not likely to return in near future and in her place, the applicant wanted to give deposition.
3. The above request was considered by the learned Judge in the context of the decision of the Apex Court in the case of Janki Vasudev v. IndusInd Bank [AIR 2005 SC 439] wherein it was held that power of attorney was not entitled to depose on behalf of the party and the power of attorney is entitled to depose to the extent of knowledge of the case and nothing beyond that. The above decision was followed by this Court in the case of Ajay Kirtikant Ghelani v. Mayuresh Nagar Coop. Housing Society [2007(3) GLH 590] and in the above context, the request of the petitioner to give deposition in place of her mother is rightly rejected by the court below.
4. In view of the above, no interference is called for by this Court in exercise of powers under Articles 226 and 227 of the Constitution of India. Accordingly, this petition stands dismissed.
Notice is discharged.
[Anant S. Dave, J.] *pvv Top