B.Charumathy v. S.Jayalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.R.P(PD)No.3097 of 2021 and C.M.P.No.21767 of 2021 1.B.Charumathy 2.B.Jayalakshmi .. Petitioners Vs.

1.S.Jayalakshmi 2.S.Mahalakshmi 3.S.Vijayalakshmi ..Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 10.11.2021 in I.A.No.3 of 2020 in O.S.No.9143 of 2019 on the file of the IV-Additional City Civil Court, Chennai. For Petitioners : M/s.Lakshmi Narayanan

O R D E R

This frivolous revision is against an order, permitting the plaintiff to be represented by a power agent in the suit. I am unable to see any reason as how the defendants could be a aggrieved persons to enable them to challenge this order, that too, in a revision under Article 227 of the Constitution of India.

2.The plaintiff, who sued for various reliefs, during the course of the suit had appointed her husband as a power agent and has come up with an application, seeking permission to prosecute the suit through the power agent. This was opposed by the defendant, who seems to be a recalcitrant litigant, on the ground that a person, who does not know the facts of the case cannot be appointed as a power agent and the plaintiff is trying to avoid the witness box by appointing a power agent. If the petitioner is avoiding the witness box, it is open to the https://hcservices.ecourts.gov.in/hcservices/

defendants to take advantage of it. It is not for the defendants to decide as to who would be the competent witness. Fortunately, the Trial Court allowed the application. I therefore, do not see any reason to interfere with the order of the Trial Court. This civil revision petition therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kkn ToThe IV Additional City Civil Court, Chennai.

+1cc to M/s.R.Lakshmi Narayanan, Advocate, S.R.No.3239 C.R.P(PD)No.3097 of 2021 and CMP.No.21767 of 2021 PMK(CO) CT 17/02/2022 https://hcservices.ecourts.gov.in/hcservices/