SANKARSAN MOHAPATRA (DEAD) Vs. SMT. SAILABALA MISHRA

JUDGEMENT

(1.) The instant petition under Art. 227 of the Constitution of India is to laciniate the order dated 4.4.2003 passed by the learned Civil Judge (Junior Division), Boudh in Title Suit No. 7 of 1999, whereby and where under, the learned court below accepted the special power of attorney executed by the defendant in favour of the husband to prosecute the suit.

(2.) The petitioner as plaintiff has filed a suit for declaration of right, title and interest and for conformation of possession in the court of the learned Civil Judge (Junior Division), Boudh, which is registered as Title Suit No. 7 of 1999. During pendency of the said suit, the defendant-opposite party filed a special power-of-attorney executed by her in favour of the husband to adduce evidence. She filed a petition in the court below to accept the same and allow her husband to adduce evidence on her behalf, since she is sick and unable to attend the court. The petitioner objected to the same.

(3.) By order dated 4.4.2003, the trial court accepted the power of attorney and held that the power of attorney holder can look after the case and adduce evidence on behalf of the party. The petitioner has unsuccessfully challenged the same before the learned Additional District Judge, Boudh in Civil Revision No. 1 of 2003. The learned Additional District Judge, Boudh dismissed the revision holding that the revision is not maintainable.