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1 - 5 of 5 (0.17 seconds)The Provincial Small Cause Courts Act, 1887
Janki Vashdeo Bhojwani & Anr vs Indusind Bank Ltd. & Ors on 6 December, 2004
9. The learned Counsel for the appellant further contended that the Courts below erred in passing a decree of appellant-defendant's ejectment without considering the fact that there was no evidence tendered by the respondent-plaintiff. He submitted that the evidence was tendered by the father-in-law of the plaintiff as holder of her power of attorney. Relying on a decision of the Supreme Court in the case of Janki Vashdeo Bhojwani and Anr. v. Indusind Bank Ltd. and Ors. , the learned Counsel for the appellant argued that a holder of power of attorney was not entitled to depose in place of the plaintiff. The Supreme Court had considered the effect of execution of a power of attorney and the scope of activities which the power of attorney could take up. The last sentence in para 13 of the judgment, the Court is, however, significant and would clinch the issue. The Court observed, "... Similarly, he cannot depose for the principal in respect of the matter of which only the principal can have a personal knowledge and in respect of which the principal is entitled to be cross-examined."
Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
Section 26 in The Provincial Small Cause Courts Act, 1887 [Entire Act]
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