USHA RANGNATHAN Vs. N K V KRISHNAN

JUDGEMENT

(1.) THE respondents are defendants in O. S. No. 251 of 2008. At the outset they were represented by one C. Ramesh, who was conducting their case on their behalf, as their power of Attorney. They filed application in I. A. No. 1440 of 2008 stating that the Power of Attorney Mr. C. Ramesh suddenly left them, which necessitated to cancel the Power of Attorney given to him on 19. 09. 2008 and on the same day they executed Power of Attorney deed in favour of one Mr. D. Nagarajan and hence he may be recognised as Power of Attorney for the defendants and be permitted to give evidence and prosecute the above case on behalf of defendants by substituting his name in place of Mr. C. Ramesh.

(2.) THE said petition was resisted by filing the counter by the respondent/plaintiff by stating that on various hearings the defendants did not come forward to adduce evidence, even though they were afforded with ample opportunity; that the perusal of the notes paper would go to show that they have obtained various adjournments to let in evidence; that only to drag on the proceedings they filed the application and the Power of attorney cannot be substituted in place of mr. C. Ramesh and he can speak only to the acts subsequent to his appointment as power of Attorney and hence the petition has to be dismissed.

(3.) LEARNED District Munsif, Madhuranthakam, has allowed the application by recording observation that even though it could be understood that the present petition has been filed to protract the proceedings, still in order to provide an opportunity to the defendants also to expedite the trial of the suit, the petition has to be allowed, by which the plaintiff would not be put to prejudice.