R SUNDAR Vs. R VISWANATHAN

JUDGEMENT

(1.) CIVIL Revision Petition is filed under Article 227 of the Constitution of India against the order dated 21.10.2008 passed in I.A.No.15943 of 2008 in in O.S.No,3046 of 2000 on the file of the XIII Assistant Judge, City CIVIL Court, Chennai.) The petitioner is third defendant in O.S.No,3046 of 2000 on the file of XIII Assistant Judge, City CIVIL Court, Chennai. The respondent filed a suit for partition and division of 1/5th share in the suit property through his power agent by name Mr. K.J. Nithyanandam. Excepting this petitioner, other three defendants remained exparte. This petitioner filed an application before the trial Court under Section 151 of C.P.C. to reject the proof affidavit filed by the Power of Attorney Agent by alleging that as per the procedure, the Power Agent cannot depose on behalf of the plaintiff as to his personal knowledge and that he can only depose with regard to the facts known to him personally.

(2.) THE application was resisted by the respondent by filing a counter stating that both the plaintiff and the Power Agent are co-brothers and that the petitioner has not dealt with the shares available to the respondent and the petition is not maintainable.

(3.) CONVERSELY, Mr. Pothiraj, learned counsel for the respondent would submit that it has been the consistent view of this Court that the power agent can appear as witness in his personal capacity and he cannot be permitted to give evidence where the evidence is based on personal knowledge of the principal.