*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7866/2009 Narendra Purshottambhai Umrao. ..Petitioner -VERSUS- Naimuddin Sarfuddin Khan. ..Respondent ............... Mr.C.G.Gavnekar, Advocate for the Petitioner. Mr.Uday Warunjikar, Advocate for the Respondent. ............... CORAM: A.P. DESHPANDE, J. Dated 02nd December, 2009. PC:- 1 Rule. Rule made returnable forthwith. By consent of parties, the petition is taken up for final hearing. 2 The Petitioner is the original Plaintiff who has challenged the order passed by the Trial Court dated 31.08.2009 rejecting an application moved by the Petitioner to dis-allow the examination-in-chief given on behalf of the Respondent-Defendant by the power of attorney holder. An affidavit of examination-in-chief filed by the power of attorney holder for the Defendant mentions that a person filing the affidavit is holder of power of attorney and is giving evidence as instructed by the Defendant and according to the information and directions issued by the Defendant. Having regard to the settled position of law that the power of attorney holder cannot be a substitute for evidence of party, except to the extent of his personal knowledge. None the less, he could be a witness who can depose as witness on behalf of the party. 3 Both the learned counsel appearing for the respective *2* parties are in agreement that the order dated 31.08.2009 be set aside and the Respondent-Defendant be permitted to withdraw the affidavit of examination-in-chief filed by one Naeemuddin Sarfuddin Khan acting as power of attorney holder for the Respondent. Both the counsel are also in agreement that the Respondent be permitted to place on record an affidavit of examination-in-chief of the Respondent or anyone else as witness for him. 4 In view of the concession made available by the learned counsel for the respective parties, Writ Petition deserves to be allowed and the impugned order needs to be quashed and set aside. Ordered accordingly. 5 During the pendency of this Writ Petition, by an order dated 14.11.2009 the Trial Court has ordered “no-cross” by the Plaintiff of the power of attorney holder for the Respondent. The said order has now become redundant in view of the permission granted to the Respondent to withdraw the affidavit of examination- in-chief filed on his behalf. It is made clear that it shall be open for the Respondent to file an affidavit of examination-in-chief for and on behalf of the Respondent and of its witnesses. It is also made clear that the Petitioner shall be entitled to cross-examine the witnesses to be examined on behalf of the Respondent. 6 Rule made absolute in the above terms. Writ Petition is disposed of. (A.P. Deshpande, J)