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Judgment
Mr. Dharam Chand Chaudhary, J.(Oral) - Challenge herein is to an order passed in an application under Order 26, Rule 1 of the Civil Procedure Code registered as CMA No. (C.S. No. 5-1 of 2016/13 ) 88-6 of 2016, whereby the prayer made by the applicant/plaintiff qua examination of her General Power of Attorney in her presence by a Local Commissioner has been declined and the application dismissed.
True it is that the other party has not objected to the prayer made by the applicant/plaintiff for appointment of Local Commissioner, however, it cannot be said that the Court below has dismissed the application illegally for the reason that the plaintiff is pursuing the suit through her son and General Power of Attorney Mr. Marthand Singh Mahindra. It is not her case that she wants to get her own statement recorded. The only claim, however, is that the statement of her son and attorney Mr. Marthand Singh Mahindra may be recorded by a Local Commissioner in her presence. No such relief either can be sought or granted, because in that event the concept of appointment of General Power of Attorney and pursuing the matters through them is likely to be adversely effected. The General Power of Attorney of the plaintiff is her own son, therefore, she must have faith in him. Learned counsel submits that her General Power of Attorney besides pursuing the suit is also authorised to do certain other acts and deeds on her behalf. In case there is loss of faith, she is at liberty to pursue the suit at her own and to appear herself in the witness box and make statement. The findings that the Court should not act on the desire of a party to a lis are absolutely justifiable, hence legally sustainable. Therefore, I find no merit in the present petition and with the above observations the same stands dismissed. Pending application(s), if any, shall also stand disposed of.
3An authenticated copy of this judgment be sent to learned trial Judge for being taken on record.