KHAJA AZEEMUDDIN Vs. FAHMINA BEGUM

JUDGEMENT

(1.) The revision petitioner has filed this Civil Revision Petition under Article 227 of the Constitution of India assailing the order dtd. 16/3/2021 in IA No.170 of 2021 in OP No.166 of 2015 on the file of the Additional Family Court, City Civil Court, Hyderabad, whereunder the learned Judge, has dismissed the application filed under Rule-32 of Civil Rules of Practice by the petitioner seeking permission for representation by his Special Power of Attorney (SPA) holder.

(2.) The petitioner has filed an affidavit stating that the SPA is subsisting and the petitioner has given SPA in his favour to represent the petitioner in OP No.166 of 2015 and accordingly, the application was filed under Rule-32 of Civil Rules of Practice. This application was dismissed by the Court below with an observation that till date the original petitioner has not submitted the affidavit as required under Rule 33 of Civil Rules of Practice, though the other party has taken serious objection of the said aspect. Only because the original petitioner is staying away from the jurisdiction of this Court, that does not mean that he can submit his affidavit at a later point. If at all, the original petitioner is not having any knowledge that he should file affidavit under Rule-33 of Civil Rules of Practice and inadvertently the petitioner has filed the petitioner under Rule-32 alone, the original petitioner can cure the defect by filing the same at a later stage.

(3.) Notice is served on the respondent through her counsel appearing before the Court below. The respondent remained absent without any representation.