LAW FOR ALL

permission to examine the power of attorney holder instead of plaintiff - rejected = The suit is filed for permanent injunction restraining the respondent(defendant)-Nagar Palika, Sawai Madhopur from interfering in the appellant's possession over the suit land and also for an injunction restraining the respondent from creating any third party rights in the suit land to the detriment of the appellant's interest in the suit land.= The appellant is an illiterate old lady in her early eighties. She had executed a General Power of Attorney(GPA) in favour of one Mr. Gajanand Goyal and wanted to examine the Power of Attorney Holder in support of her case. The respondent before the Trial Court opposed this prayer which was upheld by the Trial Court. = The appellant, if for any reason, is unable to appear in the Court due to her old age, she is permitted to get herself examined on commission at her residence at her expenses. The Court will, accordingly, appoint any lady lawyer as Local Commissioner for recording the evidence of the appellant, if the appellant makes such request. The appellant is also allowed to examine other witnesses in addition to her own evidence as she may decide to examine. All other witnesses of the appellant would be examined in Court. After the appellant's case is closed, the respondent would lead their evidence.