VIDYA BHAT Vs. MRS PRABHAVATHI FERNANDES

JUDGEMENT

(1.) HEARD . This writ petition by defendant No. 2 is directed against an interlocutory order dated 16.08.2011 passed by the Court of the XXXVIII Additional City Civil Judge, Bangalore, in O.S.No.5240/2007 dismissing her application -I.A.No.4 filed to discard the evidence of PW1 who is the power of Attorney holder of the plaintiff. The application is dismissed on the ground that the evidence of PW1 requires to be evaluated at the time of final hearing of the case. I have examined the matter in the light of the principles laid down by the Hon'ble Supreme Court in Surya Dev Rai Vs. Ram Chander Rai and Others, AIR 2003 SC 3044 relating to exercise of jurisdiction under Articles 226 and 227 of the Constitution of India pertaining to interlocutory orders passed by Courts subordinate to the High Court.

(2.) IN my opinion, the impugned order does not suffer from any error of jurisdiction or error apparent on the face of the record to warrant interference under the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The writ petition is devoid of merit and it is accordingly dismissed.