DEPOSING EVIDENCEON BEHALF OF WIFE.
M Ravinder Babu Advocate Parka
(Querist) 05 February 2010
This query is : Resolved
CAN HUSBEND DEPOSE EVIDENCE ON BEHALF OF HIS WIFE IN WITNES BOX(chief and cross) in civil cases.is GPA compulsory
M.Ravinder Babu,Advocate Parkal.dist Warangal AP.
9885627313
Y V Vishweshwar Rao
(Expert) 05 February 2010
Yes - Husband can depose on behalf of Wife . The GPA in suit is always better to avoid any objections from other side. i.e;- Plaintff( wife ) not examined herself to suport the pleadings etc .
niranjan
(Expert) 05 February 2010
The POA can depose on behalf of the principal but will be limited to his personal knowledge and he cannot impute his wife's knowledge by his deposition.
B K Raghavendra Rao
(Expert) 05 February 2010
Husband can depose on behalf of his wife upon POA.
Parveen Kr. Aggarwal
(Expert) 06 February 2010
Rule 1 of Order 3 of the Code of Civil Procedure, 1908 provides that any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf:
Provided that any such appearance shall, if the Court so directs, be made by the party in person.
Rule 2 makes says that: The recognized agent of parties by whom such appearances, applications and acts may be made or done are-
(a) persons holding powers-of-attorney, authorizing them to make and do such appearances, applications and acts on behalf of such parties;
(b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorized to make and do such appearances, applications and acts.
So for doing any act proper authorisation is must.
Regarding deposition by some other person on behalf of a party to civil litigation, the Apex Court has held in 'Janaki Vasudeo Bhojwani Vs. IndusInd Bank Ltd.'
[AIR 2005 SC 439] that a general power of attorney holder can appear, plead and act on behalf of the party but he cannot become witness on behalf of party. He can only appear in his own capacity. No one can delegate the power to appear in witness box on behalf of himself.
N RAMESH.
(Expert) 06 February 2010
See Evidence Act Section 120.
In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
No POA is required.
Parveen Kr. Aggarwal
(Expert) 11 February 2010
Section 120 of the Evidence Act:
Parties to civil suit, and their wives or husbands - Husband or wife of person under criminal trial - In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
Section 120 only removes the doubt that a husband or a wife shall be distinct entities and shall be competent witnesses. The provision nowhere authorises one to appear on behalf of the other as his authorised person to depose.
Y V Vishweshwar Rao
(Expert) 06 March 2010
I agree with
Shri N amesh ,Advocate /formerly Civil judge ---
in civil suits husband can be examined as PW1 -
