HUMBERTO LUIS Vs. FLORIANO ARMANDO LUIS

JUDGEMENT

(1.) THIS Revision Application arises from order dated 6th April, 1999 passed in Special Civil Suit No. 153 of 1993 by Civil Judge, Senior Division, Margao. By the impugned order, the Trial Court has held that the recognised agents cannot step into the shoes of the plaintiff on the basis of Power of Attorney and secondly has directed the plaintiff in the suit to step into the witness box in order to prove their case.

(2.) THE facts relevant for the decision are that the petitioners have filed a suit against the respondents for cancellation of a gift deed in relation to and for partition of the suit property. The suit is contested by the respondents. When the matter came up for hearing, the plaintiffs in the suit were sought to be represented by their Power of Attorney as the witness on their behalf by virtue of a deed of Power of Attorney executed by the plaintiffs in favour of such person. After the examination-in-chief of such person being recorded partly, the matter was adjourned to further date on which day, the respondents who are the defendants in the suit sought to raise an objection that the holder of Power of Attorney is not entitled to depose for and on behalf of the plaintiffs. Reliance was sought to be placed on a decision of the Rajasthan High Court in the matter of (Ram Prasad v. Hari Narain and others), reported in A. I. R. 1998 Rajasthan 185.

(3.) THE Trial Court placing reliance upon the judgments in the matter of (Samdukhan v. Maddanlal), reported in A. I. R. 1959 Rajasthan 35, (The Anglo French Drug Co. Pvt. Ltd. v. R. D. Tinaikar), reported in A. I. R. 1959 Bom. 21 and in the matter of (A. S. Patel and others v. National Rayon Corporation Ltd.), reported in A. I. R. 1955 Bom. 262 held that adducing of evidence on behalf of the principal on the strength of the Power of Attorney amounts to pleading the case for the party and the P. W. 1, having entered the witness box on behalf of the plaintiffs in capacity of holder of the Power of Attorney, has actually performed the act of pleading for and on behalf of the plaintiffs.