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