ANWAR HUSSAIN Vs. G M UROOJ

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This is a revision against an order dated 5/2/2005 passed by the learned Ill-Additional Rent Controller, Hyderabad, in an application filed under Rule 32 of the Civil Rules of Practice. The petitioner moved the application to permit him to appear through his general power of attorney holder, Mr. Mir Sirajuddin. The general power of attorney holder, Mr. Mir Sirajuddin, filed an affidavit before the Court below and the Court below found that as per Rule 32 of the Civil Rules of Practice the affidavit did not disclose that the power given to him was in force. Since the first respondent disputed the identity of the party, the Court below ordered fresh affidavit by the petitioner that he had given power of attorney to Mr. Sirajuddin. This affidavit was not filed. The application, however, was allowed by the Court below on the condition that the petitioner and also the general power of attorney holder should file affidavits into the Court in accordance with Rules 32 and 33 of the Civil Rules of Practice stating that ageneral power of attorney was given infavourof Mr. Sirajuddin and the same was subsisting. The petitioner is aggrieved of this order on the ground that he has already filed power of attorney and there is no reason to doubt the power of attorney. This Court also on many occasions when the case came up belore this Court, asked the learned counsel for the petitioner as to what were the reasons for not filing a fresh affidavit from the petitioner, Mr. Anwar Hussain. The only reason given was that he is in United States of America, An affidavit can be sworn by him from United States of America and can be taken on record by the Court. But, insistence on not filing a fresh affidavit by Mr. Anwar Hussain creates doubt whether Mr. Mir Sirajuddin is actually the power of attorney holder of the petitioner, Mr. Anwar Hussain, or not.

(3.) For these reasons, I do not find any merit in the revision, which is accordingly dismissed. No order as to costs.