1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. S.A.ST.NO.5907 OF 2009. Baban Parasram Gaikwad . ...vs.. Mrs.Vijaya Tarachand Nipane. ------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's order. orders. ----------------------------------------------------------------------------------------------------------------------- Coram : A.H.JOSHI, J. Dated : 26th JUNE, 2009. 1. Heard learned Advocate Mr. Ninave for the appellant. 2. Learned Advocate has pressed the appeal on substantial question of law namely :- “Whether a power of attorney holder can depose to give evidence instead of principal.” 3. Perused the judgments impugned and even the deposition of power of attorney. 4. It is not urged nor it reveals from testimony of power of attorney that he has deposed to prove the knowledge of his principal. 5. It is not disputed that Power of attorney is a witness of transaction. Such witness is thus witness giving ocular evidence i.e. primary evidence. No law precludes such witness from entering the witness box and being witness of any facts for 2 his principal. 6. Therefore appeal is seen without any merit and is dismissed. JUDGE. WWL