RANJNA AND ANOTHER Vs. RAJESH KUMAR AND OTHERS

JUDGEMENT

(1.) Revision petition has been filed praying for setting aside order dated 31.05.2018 (Annexure P-4), passed by the learned Civil Judge (Junior Division), Ferozepur de-exhibiting the Special Power of Attorney executed by petitioner No.1 in favour of petitioner No.2 and directing petitioner No.1 to appear for deposition in person.

(2.) Brief facts of the case leading to the filing of the revision petition are that a civil suit was filed by respondent No.1/plaintiff for a declaration to the effect that he is the owner/co-sharer of land measuring 12 kanals 7 marlas 5 sarsee out of total land measuring 171 kanals 18 marlas on the basis of Will dated 26.05.2007 executed by Baldev Singh S/o Gian Chand i.e. father of respondent No.1/plaintiff, petitioner No.1 and husband of respondent No.22 etc.

(3.) Petitioner No.1 executed a Special Power of Attorney (Ex.P/1) dated 13.04.2018 in favour of petitioner No.2 to appear on her behalf and to do all acts necessary for the due prosecution of case titled as Rajesh Kumar versus Satpal Singh and others, pending in the Court of Smt. Shikha Goel, PCS, Civil Judge (Sr. Division), Ferozepur. The Special Power of Attorney further conferred powers on the attorney i.e. petitioner No.2 to make statement on behalf of petitioner No.1, to enter into compromise and file any application qua the due prosecution of the case as she was not in a position to attend the Court on account of family traditions. Petitioner No.2 i.e. power of attorney holder of petitioner No.1/defendant No.23 also appeared as a witness in his own individual capacity and was crossexamined qua the evidence led by him in his individual capacity. However, petitioner No.2 was not cross-examined qua the evidence led by him on behalf of the principal i.e. petitioner No.1/defendant No.23.