NAGESH TRIVIKRAM NAIK, Vs. KALINDI V. PARSEKAR

JUDGEMENT

(1.) The Petitioner is the original defendant and he is aggrieved by an order dtd. 6/4/2021 passed by the Court of Civil Judge, Junior Division, Mapusa, whereby an affidavit in evidence filed on behalf of the Petitioner by his Power of Attorney holder has been discarded. The Power of Attorney holder is the son of the Petitioner. The Court below has held that the Power of Attorney holder cannot depose in place of the principal because he has no personal knowledge about the facts, in respect of which statements have been made in the affidavit.

(2.) The Respondent has filed Regular Civil Suit No. 61/2010/D, against the Petitioner for eviction from the suit shop. The Petitioner has a proprietary concern and the business is carried out from the said shop.

(3.) In the said proceedings, the Petitioner through his Power of Attorney holder i.e. his own son, placed on record an affidavit in evidence of DW-1 dtd. 3/7/2019. The Respondent filed an application for discarding the said affidavit on the ground that the statements made in the affidavit could not be said to be in the personal knowledge of the Power of Attorney holder and that as per settled law, the affidavit did not deserve to be taken on record. The application was opposed on behalf of the Petitioner and as noted above, by the impugned order, the affidavit has been discarded.