H. BASAVARAJAIAH Vs. GANGAIAH

JUDGEMENT

(1.) This petition by the defendant No.3 in O.S.No.470/2011 is directed against the impugned order passed on I.A.No.XXI by the Additional Senior Civil Judge and JMFC, Ramanagara (for short, 'the trial Court') whereby, the said application filed by the petitioner- defendant No.3 under Order III Rule 2 read with Sec. 151 of the Code of Civil Procedure, 1908 seeking permission to examine his General Power of Attorney (GPA) holder on his behalf was rejected by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) A perusal of the material on record will indicate that the respondents-plaintiffs instituted the aforesaid suit for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the defendants including the petitioner-defendant No.3. At the stage of evidence of the petitioner-defendant No.3, he filed an application seeking permission to examine his GPA holder and the said application having been opposed by the plaintiffs, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition.