Can a witness give spa to his relative for giving evidence?
Zeeshan
(Querist) 14 October 2024
This query is : Resolved
Hello sir,
I have a case going against legal heirs of my tenant who made fake papers of my shop and claim themselves as owners.
There are total 5 defendants, 1 wife, 2 son, 3 daughters.
Two of the daughters give SPA (Special power of attorney )to 3rd daughter's husband to give evidance and cross on behalf of them.
Is it legal ? What law says ?
Please help.
Thanks
T. Kalaiselvan, Advocate
(Expert) 14 October 2024
Generally a power of attorney cannot depose evidence on behalf of the principal before the court.
A POA agent can only testify about facts they personally know. They cannot testify about facts that are within the personal knowledge of the principal.
However, a POA agent can give evidence in court on behalf of a party within the limits of the Indian Evidence Act, 1872. They can give evidence about matters they know or matters they did in furtherance of the principal's actions.
