Power of Attorney holder has given evidence and the process of cross examination is also done. Can the original party be permitted to give evidence?

Question : Author, this is a general enquiry, Is there any case law whereby the P.O.A has given evidence and the process of cross examination is also done after this. If the original party wants to give evidence, can the party be permitted to give evidence?

Response:
Below is the judgement link wherein your question has been answered.  I have also given below the relevant excerpts from the judgement for your easy reference.
If you are an Advocate you easily follow it, if not I have highlighted in Bold, the point which is clearly summarized by the Hon’ble justice.
Hope its very clear to you,
Kindly acknowledge.

Excerpt from: Lallita Tyagi Vs. M. Chandrakala and Ors. ‘

Excerpts:
“ there is no mandate either in CPC or in the Evidence Act that a party to the suit only should depose to prove his case or should examine himself as a witness for giving a finding in his favour. So, Court has no power to direct a party to the suit give evidence. Since Rule 3A of Order XVIII CPC reads-

Where a party himself wishes to appear as’ a witness, he shall so appear before any other witness on his behalf has been examined, unless the Court, for reasons to be recorded, permits him to appear as his own witness at a later stage.

it is clear that a party to the suit has an option to give evidence or not. But if the party wishes to give evidence he should give evidence in the first instance. The Court can in appropriate cases, by recording reasons for its decision, permit the party to give evidence at a later stage also.

One thought on “Power of Attorney holder has given evidence and the process of cross examination is also done. Can the original party be permitted to give evidence?

  1. Ma’m,

    my father gave me power of attorney properly notorized .on his behalf i filled partition suit when he was 72 year old.i won 7 orders and got receivers appointed and did hard work.spent 29 lakhs in 5 years.now my father is 77 year old.the property belongs to my grand father.case was against my fathers brothers, sisters children as his brothers, sisters died.now my sister , my brother in law and my fathers brothers sisters children in calcutta have joined.they have provoked my father.can my father withdraw my power of attorney without my consent. can he withdraw partition suit without my consent.since plaintiff was my father. my name is not in partition suit.but my interest in property is there as a coparcenor.i fought with my own money.all are third grade people , sharks.since i fought from outside calcutta, how i protect my interest.i dont want to withdraw partition suit or receivers.suit is not yet listed for trial as interim application for receiver was disposed on 23rd april 2014 and receiver report submitted on 30-6-14. if i implead my name, would i have to visit calcutta.presently i am having shortage of money due to huge loss in market.i want to save partition suit and my power of attorney.prithu

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