1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3762 OF 2009 Sk. Chand s/o Sk. Mahboob. PETITIONER V E R S U S Shahnaz Banu w/o Mohd. Salim Motiwala RESPONDENT Shri A.A.Khan, Advocate for the petitioner. CORAM : B.R. GAVAI, J : DATE : 23rd JUNE, 2009. PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 08/04/2009 vide which the objection raised by the present petitioner for deposition of power of attorney holder of the plaintiff came to be rejected. 2. The respondent has filed a suit against the petitioner for recovery of rent. In the said suit, the General Power of attorney holder of the plaintiff i.e his son stepped into the witness box for deposing on behalf of the plaintiff. Said objection was overruled. Hence petition. 3. Shri Khan, the learned counsel appearing on behalf of the petitioner submits that in view of the judgment of the Apex Court in case of Janki Vashdeo Bhojwani and another Appellants V/s Indusland Bank Ltd respondents reported in AIR 2005 Supreme Court 2 439 it is not permissible for a power of attorney holder to depose in place of principal. 4. In the aforesaid judgment Apex Court has observed that power of attorney holder can appear, plead and act on behalf of the party but he cannot depose on the facts, not within his personal knowledge. 5. The learned trial court while rejecting the application has observed that while appreciating the evidence of power of attorney holder the rules of evidence, provisions of power of Attorney Act whould be taken into consideration. It has also been held that unless it is brought on record that power of attorney holder has no personal knowledge about the facts and circumstances about which he has deposed, his testimony cannot be discarded. In that view of the matter, no perversity or infirmity could be found with the approach adopted by the learned trial court so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 227 of Constitution of India. Hence, rejected. ( B. R. GAVAI ) JUDGE aaa/wp3762.09. ****