RAMAN NAIR Vs. SREEDEVI AMMA

JUDGEMENT

(1.) This revision petition is filed in the name of Raman Nair, who is the plaintiff in O.S.No.64/84 of the Munsiff's Court, Ottappalam, which proceeding is now pending on the execution side in the same court. What is involved is the legality, regularity and propriety of the order passed by the execution court directing appearance of the said Raman Nair in court in person.

(2.) The respondents herein contended before the execution court that the petition was not maintainable in so far as the E.R is signed by an alleged power of attorney holder and that the said power of attorney has no validity, in view of the fact that the donor therein; Raman Nair died as early as in September, 1995. There was no satisfactory evidence available before the court, in spite of collection of oral evidence of the respective parties, to conclude that Raman Nair was still alive. It was in this situation that the court directed that Raman Nair should appear in court in person on 18-4-1999.

(3.) The learned counsel for the petitioner submits that though the court has the power to direct any part to present in person on any day, such a direction is not justified on the facts and circumstances of this case. It is pointed out that at every stage the respondents have been raising such contentions in order to defeat execution of the decree and that if the direction is to be complied with, Mr.Raman Nair, who has been in Malasia for the past several years and is aged about 95 years, will have to come all the way from Malasia to prove that he is alive and that this will cause serious inconvenience and monetary loss. The counsel further points out that the validity of the power of attorney was gone into, not only by the Trial Court but also by the appellate court at earlier stages and its validity has been upheld.