Can attorney holder of defendant give evidence on his behalf in a suit for specific performance .?
Rajesh
(Querist) 17 October 2013
This query is : Resolved
In a on going Suit for Specific Performance , one of two Defendants is of 79 year age and suffering from old age aliments and memory loss etc. He has only son and is fully aware of all transactions related to Agreement to Sell and thereafter.
Suit is coming up for Defendants Evidence next month .
Keeping in view Defendant's health conditions , Can he (Defendant)now at this stage authorise his son as his attorney holder to manage his affairs including appear on his behalf and give evidence in the on going casein the Court.?
Devajyoti Barman
(Expert) 17 October 2013
No she can not.
If she is ill, commission can be arranged to record her evidence She need not be attending the court then.
Rajesh
(Querist) 17 October 2013
Sir , Please see Man Kaur ( Dead) by Lrs V/s Hartar Singh Sangha ( Civil Appeal No 147-148 of 2001. Para 12 ( g) perhaps gives this option . Please see this and advise to me. Thanks
Devajyoti Barman
(Expert) 17 October 2013
Power of Attorney holder can not depose on the matter on which the principal alone has knowledge.The POA Holder can depose if he has also the knowledge on the same matter.
Why are you insisting on POA?
Let commission be appointed and get her testimony.
Rajendra K Goyal
(Expert) 21 October 2013
In the given facts, agree with the expert Devajyoti Barman ji.
