DURGA CHAUDHARY Vs. RAJNI PROPERTIES P LTD

JUDGEMENT

(1.) In the present case, during the course of the proceedings the respondent moved an application under Order III Rule 2 read with Sec.151 of Civil Procedure Code, 1908. It is contended therein that oral evidence of Mr. Anil Chaudhary, power of attorney holder of the complainant is not permissible on the basis of his affidavit of evidence filed without permission of the Commission. Being an agent, his right does not include the right to appear as a witness though he can appear, plead and act on behalf of the party. He can also give oral evidence in his own capacity. In support, reliance was placed on various decisions, namely- (1997) UC WLN 98 (Raj.); (1982) 2 WLN 713 (Raj.); AIR 1993 All.143; AIR 1998 Raj.143; 1998 (3) Civ. LJ 332; 1998 (3) Cur. CC 183; 1998 (3) CCC 539; 1997 (3) Raj. LW 2003, and 1997 (1) Raj. LR 73. However, copies of only two decisions have been made available.

(2.) In reply thereto, the complainant has stated that the provisions of Order III Rule 2 are not applicable to the present case. The right to appear and do acts includes per se the right to give evidence. After having cross-examined Mr. Anil Kumar Chaudhary by the learned Advocate for the respondent, such objections raised are only to delay the proceedings. Mr. Anil Kumar Chaudhary is a holder of special power of attorney and as such application filed by the respondent is misconceived.

(3.) Close reading of the provisions of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the MRTP Act) with Monopolies and Restrictive Trade Practices Commission Regulations, 1991 (for brief the MRTPC Regulations) would reveal that specific provisions of Code of Civil Procedure, 1908 have been made applicable in case of enquiry under Sec.12 of the Act as well under Regulation 64 of the MRTPC Regulations. Relevant provision of Sec.12 of the Act while defining the powers of the Commission read as under : "12. Powers of Commission- (1) The Commission shall, for the purposes of any inquiry under this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely,- (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; (c) the reception of evidence on affidavits; (d) the requisitioning of any public record from any Court or office; (e) the issuing of any Commission for the examination of witness; (f) the appearance of parties and consequence of non-appearance. (2) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860), and the Commission shall be deemed to be a Civil Court for the purposes of Sec.195, [and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)]. "