VISWANATH SHETTY Vs. LAXMIDEVAMMA

JUDGEMENT

(1.) Petitioner being the sixth defendant in a suit for declaratory decree in O.S.No.5313/2009 is invoking the writ jurisdiction of this Court for assailing a stipulation in the order dated 05.04.2017 made by the XXXVII Addl. City Civil Judge, (CCH No.38) Bangalore, whereby respondent's application under Order III Rules 1 & 2 of CPC, 1908, having been allowed, her daughter is permitted to be examined as P.W.1 on the strength of GPA.

(2.) After service of notice, the respondent/plaintiff having entered appearance through her counsel, opposes the writ petition.

(3.) The learned counsel for the petitioner argues that the law relating to examination of the power-of-attorney as the witness of a party to the suit is well settled; the Apex Court in the case of JANKI VASHDEO BHOJWANI AND ANOTHER VS. INDUSIND BANK LTD. AND OTHERS, (2005) 2 SCC 217, has specified as to the conditions in which an attorney can depose; these conditions being absent in the case, respondent's application could not have been favoured at all. So arguing, he seeks allowing of the writ petition.