V.K. Sekar v. v. Chandrasekar
Case brief
What is this about?
Suit involves property dispute. Trial court allowed 2nd defendant to act as Power of Attorney for 1st defendant. Supreme Bench clarified that since he already testified as a witness, he cannot depose again for the 1st defendant but can represent them procedurally.
What did the court decide?
Confirmation of trial court order permitting appearance as power agent with clarification that respondent cannot depose as witness given prior testimony.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.04.2016
CORAM
THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR
C.R.P.[PD] No.1063 of 2016 and C.M.P.No.5884 of 2016
V.K.Sekar
... Petitioner
Vs
V.Chandrasekar Rep by his Power of Attorney D.Loganathan
... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 19.01.2016 passed in I.A.No.1601 of 2015 in O.S.No.674 of 2013 by the Hon'ble Additional District Munsif, Alandur.
For Petitioner : Mr.S.M.Muralidharan For Respondent : Mr.R.Balachanderan
Issues for consideration
2 issues framed by the court
Whether a person appearing as a witness for one defendant can also act as Power of Attorney for another defendant in the same suit?
Whether the trial court correctly permitted the petitioner to act as power agent without depositing evidence as a witness for the principal?
Parties & counsel
- petitioner
V.K.Sekar
- respondent
V.Chandrasekar
Coram
P.R.SHIvakumar
Case details
As recorded by the court registry
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