THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No. 5765 OF 2010 O R D E R: None appears for the respondent/plaintiff in spite of the notice being served in the matter. This is a Revision preferred by the defendant, questioning the correctness of the orders passed by the learned Principal Senior Civil Judge at Kothagudem in I.A.No. 461 of 2010 in O.S.No. 248 of 2008. The petitioner herein, the defendant in the suit moved the above I.A. seeking leave of the Court to allow him to be represented by his special power of attorney holder, who is none other than his wife. The reason that has been assigned for permitting his wife to participate in further proceedings of the suit is that he is maintaining indifferent health and he is not in a position to concentrate much on the legal aspects of the matter and his wife is fairly familiar with the proceedings going on and she has also been keeping abreast with the developments in the matter and hence, it will be appropriate that she should be permitted to depose on his behalf. That application was opposed on the ground that the petitioner herein has participated in the suit proceedings so far, including such when the witnesses examined on behalf of the plaintiff were cross-examined. It is stated by the plaintiff that the reasons are only invented by the petitioner herein for not getting into the box and thus denying the benefit of the Court observing the tenor of the witness. Be that as it may, when the law allows and permits a party to be represented by a special power of attorney holder and such power of attorney holder is also capable of deposing, being aware fully of the facts relating to the case on hand, there should not have been any objection, in principle, for examination of such a person in lieu of the principal based upon the power of attorney executed. However, subject to the petitioner/defendant depositing a sum of Rs.500/- (Rupees five hundred only) to the credit of the suit, towards the costs, the order passed in I.A.No. 461 of 2010 is set aside. The petitioner herein is permitted to be represented by his special power of attorney holder in all further proceedings of the suit, including examination of the said power of attorney holder. Two weeks’ time is granted from today for depositing the costs and on such deposit being made to the credit of the suit, the costs may be made over to the plaintiff. With this the Civil Revision Petition stands allowed. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 26th August 2011 Issue CC in a week. ksld