TMI Blog1997 (8) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... in the following circumstances. (i) The plaintiff-petitioner (for short the plaintiff) instituted a suit for injunction and possession of the property against the defendant non-petitioner (for short the defendants). The defendants files written statement and issues were framed by the learned trial Court. The case, therefore, was posted for recording the evidence of the plaintiff. (ii) The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 of the Indian Evidence Act, 1872 provides thus :-- All persons shall be competent to testify unless. The Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. 6. Mr. Ajeet Bhandari learned counsel app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lal (supra) this Court was only examining the question of inclusion of name of witness in the list and only a passing remark was made in respect of examination of power of attorney holder or the party. Neither the provisions contained in Order 3, Rule 2 were discussed nor the word acts was interpreted. 8. On the other hand Mr. Kanta Prasad Sharma learned counsel for the defendants placed rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me. I am of the considered view that word acts used in Rule 2 of Order 3 Code of Civil Procedure does not include the act of power-of-attorney holder to appear as a witness on behalf of a party. Power of attorney holder of a party can appear only as a witness in his personal capacity and whatever he has knowledge about the case, he can states on oath but he cannot appear as a witness on behalf o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence. 10. In view of the aforesaid observations I do not see any good reason to interfere in the finding arrived at by the learned trial Court. There is no jurisdictional error in the impugned order and if it is allowed to stand, it would not occasion failur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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