SUNNY INTERNATIONAL Vs. TEXCOMASH EXPORT

JUDGEMENT

(1.) THIS is an application by the defendant under order XVIII, Rule 3 of the Code of Civil Procedure, 1908 for direction that the plaintiff, Mrs. Ravinder Saluja, sole proprietor of Sunny International should be directed to file her own affidavit and personally appear for cross-examination and the affidavit filed by her husband/attorney Mr. G. S. Saluja should not be taken on record. Counsel for the defendant/applicant has relied upon judgment of the supreme Court in Janki Vashdeo Bhojwani and another Vs. Indusind Bank Ltd,. and others, AIR 2005, SC 439.

(2.) I have considered the contention raised by the defendant and also examined the judgment of the Supreme Court in the case of Janki Vashdeo Bhojwani (supra ). Supreme Court in the said case has not held that an attorney cannot step into the witness box and depose about facts known and within his personal knowledge. Supreme Court has clarified that an attorney cannot depose and give statement on facts which are not within his personal knowledge and in respect of facts within the personal knowledge of the principal. This is clear from paragraphs 12 and 13 of the judgment, which for the sake of convenience are reproduced below and the relevant portions thereof are underlined:-

(3.) I may note here that Supreme Court in the said case had approved of the view taken by Rajesthan High Court in the case of Shambhu Dutt Shastri V. State of Rajasthan, 1986 (2) WLL 713, wherein it has been held that a general power of attorney holder can appear, plead and act on behalf of a party and in his own capacity as a witness but he cannot become a witness for a third party/principal.