SHANTI DEVI vs OM WATI DEVI AND ORS

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th March, 2025 + CM(M) 4085/2024 & CM APPL. 2202/2025 SHANTI DEVI .....Petitioner Through: Mr. G L Verma, Advocate. Mr. S S Rawat, Advocate. versus OM WATI DEVI AND ORS .....Respondent Through: Ms. Manisha Tyagi, Advocate for R-4. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Mr. S. S. Rawat, learned counsel for petitioner, represents defendant No. 2-Shanti Devi and seeks early hearing. 2. His prime grievance in the main petition is qua order dated 05.09.2024 whereby learned Trial Court has permitted the plaintiff to examine Ms. Sadhna Sharma Sarkar as her Power of Attorney. 3. The above said order records that the plaintiff is suffering from various old-age related issues which have affected her, not only physically but mentally as well. The plaintiff, even, had appeared before the Court that day on a wheel-chair and the Court had specifically inquired from her whether she was willing to authorize Ms. Sadhna Sharma Sarkar as her attorney, to which she answered in affirmative. 4. Undoubtedly, any such Attorney, cannot depose for those facts which Signature Not Verified Digitally Signed CM(M) 4085/2024 1 By:SONIA THAPLIYAL Signing Date:25.03.2025 12:34:11 are in exclusive knowledge of the principal only and to that extent, there is no scope of debate of any kind whatsoever. 5. Fact, however, remains that while permitting such attorney to depose before the Court, the learned Trial Court also observed as under:- “At this stage, disallowing this application may cause injustice to the plaintiff. However, allowing some other person to depose on behalf of the plaintiff will not cause injustice to the defendant. Whatever comes in evidence is a matter of record and trial which is to be conside