SHAHEEN Vs. SHIVAKUMAR

JUDGEMENT

(1.) The petitioner is before this Court seeking the following reliefs:

(2.) The petitioner had filed a suit in O.S.No.292/2018 seeking for specific performance against the defendants. In the said suit, an application in I.A.No.3 under Order III Rule 2 read with Sec. 151 of the Code of Civil Procedure (for short "CPC") was filed seeking permission of the Court to lead oral and documentary evidence through her husband and a special power of attorney. The said application was rejected by the impugned order dtd. 30/11/2020 on the ground that the special power of attorney cannot depose in a matter if he does not have personal knowledge. It is challenging the said order the petitioner is before this court.

(3.) Learned counsel for the petitioner Sri.Girish Yadwad submits that whether the power of attorney has special knowledge or not can only be established during the course of evidence-in-chief and cross-examination and at the stage of filing and consideration of an application under Order III Rule 2 of CPC, the same is not required to be considered. His submission is that, in the event of defendants being able to prove that the power of attorney holder has no personal knowledge the same would have to be assessed at the time of consideration of the evidence and not at the time of consideration of application under Order III Rule 2 of CPC.