GPA holder are authorized to appear as representative of party to the extent it ispermissible but not in manner that they may replace principal itself.

Citation

AIR 2021 TELANGANA 87

TELANGANA HIGH COURT

: AIROnline 2021 Tel 6

CHALLA KODANDA RAM , J.

Civil Revision Petition No. 4339 of 2018, D/- 18 - 2 - 2021

K. Madhumathi v. K. Ramachander Rao and Anr.

(A)Civil P.C. (5 of 1908), O.3 R.1, O.3 R.2 - Evidence through Power of Attorney - Suit for

perpetual injunction - Plaintiff pleading that her husband GPA holder to be allowed to give

evidence in her behalf, as she is suffering from ailments and hence unable to attend Court to

give evidence - GPA holder cannot be presumed to have personal knowledge and depose in place

of plaintiff - GPA holder are authorized to appear as representative of party to the extent it is

permissible but not in manner that they may replace principal itself.

1986 (2) WLN 713, Relied on.

 (Para 7) 

(B)Civil P.C. (5 of 1908), O.3 R.1, O.3 R.2 - Representation of suit - Suit for perpetual injunction

- Plaintiff pleading that her husband GPA holder to be allowed to represent suit, as she is

suffering from ailments and hence unable to attend Court to give evidence - Permission, granted.

 (Para 7) 

Cases Referred Chronological Paras

AIR 2005 SC 439 : 2004 AIR SCW 7064 4

1986 (2) WLN 713 Relied on 5

Shyam S. Agarwal, for Petitioner; S. Praveen Goud, for Respondents.