Smt.S.Kantisree v. I.V.N.Ramalingeswara Rao & Ors.
Judgment
Smt.S.Kantisree AND …Petitioner I.V.N.Ramalingeswara Rao and others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2303 OF 2011 ORDER: In a suit filed for specific performance of an agreement of sale, the husband of the petitioner-plaintiff filed I.A.No.465 of 2008 in O.S.No.136 of 2007 to permit him to give evidence on behalf of his wife-plaintiff in the suit stating that the plaintiff is suffering from ill-health and is undergoing treatment at Srikakulam and that she was advised to be there until the treatment is completed. On dismissal of the said I.A. on 7.3.2011 i.e. nearly three years after filing the said I.A., the present revision is filed. It is well settled that a General Power of Attorney Holder cannot depose for the plaintiff but if he is aware of the facts of the case, he can be examined as one of the witnesses. In view of the same, the husband of the plaintiff cannot seek to depose on behalf of the plaintiff in the suit unless the plaintiff files such an application giving cogent reasons. Therefore, the impugned order does not suffer from any illegality warranting interference by this Court. The revision fails and the same is accordingly dismissed. No costs. _______________ A. GOPAL REDDY, J. JULY 08, 2011 Tsr.
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