Disposed

Smt. Nisha Bhatnagar W/O Late Shri Rajendera Bhatnagar v. Smt. Seema Meena W/O Shri Lalit Meena

Rajasthan HC2 Apr 2026CW/4976/2026

Case brief

AI extract

What is this about?

Writ petition against a Rent Tribunal order refusing to permit the petitioner's son, a power of attorney holder, to testify. The Court held that an authorized person or power of attorney holder may be examined as the applicant's witness, not as her substitute, and permitted his examination.

What did the court decide?

Power of attorney holder permitted to be examined as witness of the applicant, not as substitute for the plaintiff-applicant; respondent free to seek recall.

Smt. Nisha Bhatnagar W/O Late Shri Rajendera Bhatnagar… — Landlord and Tenant | Rajasthan HC (2026)

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[2026:RJ-JP:13770]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4976/2026

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Smt. Nisha Bhatnagar W/o Late Shri Rajendera Bhatnagar, Aged About 53 Years, R/o 231 A.k. Gopalan Nagar, Khatipura, Jaipur. Presently Resides At Kalyan Marg, Quarter No. 49/3, Defence Colony, I.t.u. Lines, Military Station Banipark, Jaipur.

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----Petitioner/Applicant

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Versus

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Smt. Seema Meena W/o Shri Lalit Meena, Aged About 48 Years, 231 A.k. Gopalan Nagar, Khatipura, Jaipur.

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Lalit Meena S/o Durgalal Meena, Aged About 52 Years, 231 A.k. Gopalan Nagar, Khatipura, Jaipur.

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----Respondents

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For Petitioner(s) : Ms. Anita Goyal For Respondent(s) :

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HON'BLE MR. JUSTICE BIPIN GUPTA

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Judgment / Order

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02/04/2026

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Learned counsel for the petitioner, after arguing for some time, submits that vide order dated 07.07.2025, passed by the learned Rent Tribunal No. 2, Jaipur Metropolitan-I, in Case No. 16/2019, the applicant’s son Somendra Bhatnagar, was denied permission to be examined as a witness, although he is authorized to plead in all proceedings.

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Learned counsel for the petitioner submits that it is a wellsettled principle of law that neither the plaintiff nor any applicant can appoint another person to be examined in their place. However, any person holding a power of attorney may be examined as a witness on behalf of the plaintiff or applicant, provided they do not seek to take the place of the plaintiff or

[2026:RJ-JP:13770]

[CW-4976/2026]

(2 of 2)

applicant. She, therefore, prays that Somendra Bhatnagar may be permitted to be examined as a witness of the applicant and not as a substitute for the plaintiff-applicant.

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Considered.

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In view of the above, this Court observes that it is a settled principle of law that no person can be examined in place of the plaintiff or applicant. However, a power of attorney holder or any other authorized person may be examined as a witness of the plaintiff or applicant, but not as a substitute for them.

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Accordingly, this Court deems it appropriate to permit the power of attorney holder, Somendra Bhatnagar, to be examined as a witness of the applicant. He shall be treated as a witness of the applicant and not in place of the plaintiff-applicant.

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It is made clear that if the respondent is in any manner aggrieved by this order, he may file an appropriate application for recall, which shall be considered in accordance with law.

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With the above observations, the present writ petition stands disposed of.

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Pending application(s), if any, stand disposed of.

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(BIPIN GUPTA),J

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KRATIKA /15

Smt. Nisha Bhatnagar W/O Late Shri Rajendera Bhatnagar v. Smt. Seema Meena W/O Shri Lalit Meena

Case brief

What is this about?

What did the court decide?

Smt. Nisha Bhatnagar W/O Late Shri Rajendera Bhatnagar v. Smt. Seema Meena W/O Shri Lalit Meena

Case brief

What is this about?

What did the court decide?

What the court decided

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