MALKIAT KAUR Vs. PARAMJIT KAUR

JUDGEMENT

(1.) Petitioner is the plaintiff in Civil Suit bearing CS-4650-2023 before Ld. Civil Judge (Junior Division), Ludhiana and is aggrieved by the order dtd. 20/8/2025 (Annexure P-7), whereby though application to depose through her special power of attorney holder has been allowed, but at the same time, she had been directed to appear in person for the purpose of cross-examination.

(2.) Assailing the aforesaid order, learned counsel contends that petitioner is an 80 years old lady and it is specifically mentioned in the application (Annexure P-2) that being 80 years of age, she was unable to attend the Court proceedings and as such, she has appointed her daughter Smt. Kulwinder Kaur as lawful special power of attorney. Said fact is also duly mentioned in the special power of attorney (Annexure P-3).

(3.) Learned counsel further contends that in case, the special attorney of petitioner-plaintiff is unable to answer any question, which was to the personal knowledge of the plaintiff-petitioner, it is she who is likely to suffer and for this reason only, she could not be directed to appear in person, for the purpose of cross-examination otherwise it will defeat the very purpose of moving the application and depose through the attorney.