SHAIL DEVI SARAF Vs. JANAKIBAI GUPTA

JUDGEMENT

(1.) The applicant/plaintiff has filed suit for eviction against the non applicant/defendant. In the said suit, Mukhtyarnama executed by the applicant in favour of her husband was sought to be brought on record, but by impugned order dated 6-2-2001, the said prayer has been rejected. The plaintiff filed an application under Section 151 C.P.C. before the trial Court praying that she is a Parda Nashin lady and she generally remains sick, as such her husband Shankar Lal be permitted to act, appear and plead on her behalf in the suit. The said prayer was objected by the defendant on the ground that she is neither Parda Nashin lady nor is sick.

(2.) The learned trial Judge rejected the said prayer of the applicant on the ground that the suit has been filed by her and Mukhtyarnama contained the photograph and as such she does not appear to be a Parda Nashin lady. It is also mentioned that the material regarding her sickness has not been produced and as such the application for taking Mukhtyarnama has been rejected. Counsel for the applicant relied on the provisions of Power of Attorney Act. Section 2 of the Power of Attorney Act is pertinent to quote here which reads as under:

(3.) It is also relevant here to quote Order 3 Rule 2 of the Code of Civil Procedure. It reads as under :-