(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this application the respondent of a First Appeal has prayed for taking action against the appellant for perjury, alleging that the Appeal has been filed by a person having no Power of Attorney executed by the real appellant.
The learned advocate appearing on behalf of the appellant has placed before us the original registered Power of Attorney and a xerox copy of the same has been handed over to Mr.Pahwa, learned advocate appearing for the applicant-respondent.
The original having been filed and in the absence of any affidavit or assertion by the original appellant that he had not executed such Power of Attorney in favour of the person who has filed the Appeal, we do not find any reason to entertain this application; on the other hand, it appears that the persons - original appellants were staying in U.S.A. have written letters which are annexed to the affidavit-in-reply, stating that such Power of Attorney has been executed.
This Application is, thus, devoid of any substance and is dismissed. Application is, thus, disposed of.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.Pardiwala, J.) /moin Top