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RAVI AGRAWAL (PARTNER)     21 April 2013

Witness in dual capacity

 

Sir, I am defendent in a tenancy suit. I appear in court on behalf of my father through a special power of attorney. We have filed our list of witness in which among other witnessess me and my father were seperately listed as witness. Our list contain 13 names but court approved only 1-5. My father's name was in no. 1 and my name was in no.2. I had already stood as witness on behalf of my father. The witness of other 3 persons is also over now when i wanted to stand as witness in my individual capacity, the court rejected my plea on the ground that the same person cannot stand as witness in dual capacity. The court closed the evidence and put the next date for arguement.

Please suggest what are the remedies. Also please provide some good case references in support of my claim.

 

I shall be obliged to all learned dignities who spare time to answer queries.

Thanks



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 April 2013

The judge is right. You deposed for your father as his POA holder and not as such that you are your father and now that you want to depose as a son. You should have stated whatever you wanted to state completely in all the capacities you are appearing in one single affidavit/deposition only i.e. depose  for yourself and as a POA for your father. The same person cannot be allowed to testify again and again seperately in different capacities.

Rajendra K Goyal (Advocate)     21 April 2013

I agree with the views of expert Archana. However you shold have gone for appeal when 8 witnesses out of 13 were not accepted by the Court 

advocate praveen (prop.)     22 April 2013

Mr. Goyal you have right to appeal in the matter for not allowing the rest witnesses to prove your case.

regards


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