MUNNI DEVI Vs. GOVERDHAN

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, has been filed assailing the order dtd. 25/3/2023 passed by V Civil Judge, Junior Division, Morena in Civil Suit No.161-A/2021 whereby, the application filed by the respondent/plaintiff under Order 3 Rule 2 read with Sec. 151 of the Code of Civil Procedure, 1908 seeking permission to record the evidence through his registered Power of Attorney i.e. his nephew, namely, Rohit was rejected.

(2.) Short facts of the case are that the respondent No.1/plaintiff had filed a civil suit for declaration and permanent injunction with the pleading that father of the plaintiff/respondent No.1 Ramcharan had purchased the land bearing Survey No.520, ad-measuring 0.6580 hectares situated at Village Devari, Tehsil and District Morena vide registered sale deed dtd. 30/10/1982 from one Mayaram, S/o Manohar and on the basis of said sale deed, his name has been mutated in the revenue records. On summons being issued, the petitioner/defendant No.1 appeared in the civil suit and filed his written statement denying all the averments made in the plaints and it was averred therein that father of the petitioner Ramcharan had sold the disputed land to Maujilal, Munnalal, Damodar, Banwari, Mohan, Ss/o Ramprasad vide registered sale deed dtd. 12/7/1985, as such the plaintiff had no share left in the disputed land. It was also averred that without relief of possession, the suit was not maintainable and ultimately, prayed for dismissal of the plaint.

(3.) During the pendency of the civil suit, the plaintiff/respondent No.1 executed a registered Power of Attorney in favour of his nephew Rohit pointing out that he is aware of all the aspects of the land in question and the dispute going on between the parties and as power of attorney holder is his nephew; therefore, he is in a position to depose before the learned Trial Court. On the basis of such registered Power of Attorney, the application had been filed before the Trial Court praying for conducting the proceedings of the Civil Suit through the Power of Attorney holder i.e. his nephew and further prayed to record his and other evidence through his Power of Attorney who knew everything about the dispute and the disputed property, but the said application was allowed. Hence, the present petition.