RUPAM KHAUND (STUDENT) 07 February 2016
hello sir,
My father is a 67 years old man, defending a civil case related to land dispute. Due to his old age or other issues his frequently loss memory & forget things. In this time i have doubt that what he will say to the court when he will appear before the court. As a son , may i appear before the court on his behalf or any legal provisions in the law regarding this matter? Plz suggest.
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 07 February 2016
You may appear in court as an additional witness. The thing is that even if you appear as a power of attorney to him, the only facts that you can depose regarding are facts, the knowledge of which you have gained from your personal knowledge. The remaining facts must be provied by your father.
Do one thing. You appear as a witness as well. But make sure your father also appears as a witness. The fact that he is ill and has an illness which affects his memory shall surely be considered by the court at the stage when the matter is argued.
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