5. In the suit which is pending since 01.11.2008, the petitioners/plaintiffs herein filed the subject application on 19.02.2019 praying that Shri Anand Kumar Agrawal, son of plaintiff No.1, be allowed to appear on behalf of the plaintiffs and act in the proceedings, including making deposition before the Court and also sought leave to amend the cause title. The said application was rejected by the trial Court finding no substance. From the careful perusal of the record, it appears that now, the pleadings of the parties are complete and the case is fixed for evidence but, instead of adducing evidence, the plaintiffs filed subject application for deposing through the power of attorney. The plaintiff’s suit is for declaration of title and for permanent injunction which is pending since 01.11.2008. Since then, the plaintiffs are contesting the suit personally, and after ten years they have filed the subject application with the power of attorney executed on 24.06.2009. Learned trial Court, after considering the entire facts of the case, came to the conclusion that the subject application is filed belatedly i.e. after nine years of execution of power of attorney, as also, after considering the nature of dispute, came to the conclusion that if such a permission is granted, the defence of the defendant No.1 is likely to suffer prejudice and thereby, rejected the application.
