CHIKKARAMAIAH REDDY Vs. S R ANNAIAH REDDY

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of the Constitution of India assailing the order dated 16.07.2018 on I.A.No.18 in O.S.No.7060/2012 on the file of the 29th Additional City Civil Judge, Bengaluru.

(2.) The petitioners-plaintiffs have filed suit in O.S.No.7060/2012 against the defendants-respondents for declaration and permanent injunction. When the suit was at the stage of defendants evidence, an application-I.A.No.18 was filed by the Special Power of Attorney (hereinafter referred to as 'SPA' for short) on behalf of the 1st defendant under Order 3 Rule 2 read with Section 151 of CPC to permit the SPA to adduce evidence on behalf of the first defendant. The application is accompanied by the affidavit of SPA holder, son of the 1st defendant.

(3.) The said application was opposed by the plaintiffs stating that the 1st defendant is capable of adducing his own evidence and the 1st defendant's presence is very much necessary to determine the real issues between the parties. Moreover, it is stated that the 1st defendant along with his family members executed the gift deed dated 14.02.1981 in favour of the plaintiffs' mother as per Ex.P-75.