SAJIDA BANU Vs. HALEMA BANU

JUDGEMENT

(1.) This writ petition is filed by the plaintiff challenging the order passed by the trial Court dismissing I.A. No. 2 under Order 3 Rule 1 read with Sec. 151 CPC seeking permission to be represented through Power of Attorney.

(2.) The plaintiff has filed a suit for partition and separate possession of her legitimate share in the plaint schedule properties. The defendants have filed the written statement contesting the claim; issues are also framed. When the case is set down for evidence, the plaintiff filed an application under Order 3 Rule 1 read with Sec. 151 CPC, seeking permission of the Court to examine her son stating that she has executed Power of Attorney in his favour, as she is not in a position to walk or hear or be present before the court personally and also that she is suffering from high blood sugar, B.P. Further due to old age, she is not in a position to easily understand the matter whereas her son knows the facts of the case. This application was opposed by the defendant, contending that, the application is misconceived, as the plaintiff has no right to property. Therefore the application is not maintainable.

(3.) After hearing both the parties, the trial Court was of the view that the Medical certificate produced by the plaintiff, though disclosed that the plaintiff to be suffering from diabetes, arthritis and cholithiasis, these are not serious diseases to permit the plaintiff to conduct the case through her GPA holder and therefore it dismissed the application filed by the plaintiff. Aggrieved by this the present writ petition is filed.