SOBHAGINI TRIPATHY Vs. SUBHASHINI TRIPATHY

JUDGEMENT

(1.) The seminal question that hinges for my consideration is as to whether power of attorney holder of a party is entitled to appear as a witness on behalf of the said party?

(2.) Opposite party no. 1 as plaintiff laid a suit in the court of the learned Civil Judge (Senior Division), Bolangir for a declaration that she is entitled to 1/4th share over the Schedule- A and B property, for recovery of the amount already taken by the defendant no. 1 from the defendant no. 5 and for permanent injunction, which was registered as Civil Suit No. 147 of 2005. Pursuant to issuance of summons, defendant no. 1 entered appearance and filed a comprehensive written statement denying the assertions made in the plaint. Be it noted that dispute pertains to the insurance claim and other service benefits of deceased Sudhir Ranjan Tripathy between mother and widow of the deceased.

(3.) While the matter stood thus, Dayanidhi Hota, husband of the plaintiff filed evidence on affidavit on behalf of the plaintiff. The defendant no. 1 filed an application on 11.11.2008 with a prayer to direct the plaintiff to give her evidence and to reject the evidence of affidavit filed by said Dayanidhi Hota. By order dated 4.12.2008 the learned trial court rejected the petition filed by the petitioner-defendant no.1. The said order is impugned in the present writ application.