SATU B.GAONKAR Vs. MHALU PURSO GAONKAR

JUDGEMENT

(1.) Heard Mr. Sudesh Usgaonkar with Ms. Pereira, learned Counsel appearing for the appellants, Mr. V. A. Lawande, and Ms. P.Kaur, learned Counsel appearing for the respondent.

(2.) The above appeal came to be admitted by an order dtd. 19/3/2009 on the following substantial questions of law :

(3.) Mr. Usgaonkar, learned Counsel appearing for the appellants has pointed out that the respondent, who was the plaintiff in the suit, has not personally entered the witness box and, as such, the evidence recorded of the Power of Attorney holder, on behalf of the respondent, has no value and, as such, there was no legally admissible evidence on record for the Appellate Court to come to the conclusion that the respondent is entitled for the relief sought in the suit. The learned Counsel has, thereafter, taken me through the evidence of PW.1 to point out that such evidence has been recorded on behalf of the plaintiff and, as such, the evidence of PW.1 has to be discarded as he has no personal knowledge of the facts of the case. The learned Counsel, as such, points out that on this count alone, the appeal deserves to be allowed and the impugned Judgment passed by the learned Appellate Court deserves to be quashed and set aside.