Laxaman vs Vikram
2025 Latest Caselaw 3241 MP

Madhya Pradesh High Court

Laxaman vs Vikram on 23 January, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                   1                                MP-127-2025
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT INDORE
                                                           MP No. 127 of 2025
                                                        (LAXAMAN AND OTHERS Vs VIKRAM )



                          Dated : 23-01-2025
                                   Shri Ayushyaman Choudhary - advocate for the petitioner.

                                   The petitioner is challenging the order impugned dated 12.11.2024 passed
                          by Civil Judge, Junior Division, Tehsil-Dharampuri whereby the application filed
                          by the petitioner under Order 1 Rule 10 CPC to permit the power of attorney
                          holder of the plaintiff to appear in the trial Court and to conduct the proceedings

                          on behalf of the petitioner because he is not in a position to attend in the dates of
                          the trial and to instruct his counsel.
                                   Counsel for the petitioner submits that the power of attorney holder will not
                          appear as a witness on behalf of the plaintiff in the light of judgment passed by the
                          Court in the case of Janki Vashdeo Bhojwani & Anr. vs. Indusind Bank Ltd. &
                          Ors. (2005) 2 SCC 217.
                                   Issue notice to the respondents.

On payment of P.F., humdast notice be given to the counsel for the petitioner to serve the respondent through his advocate appearing before the trial Court or in case if the advocate appearing for him refuses to accept the notice, the same shall

be served through the Presiding Officer of the trial Court.

List the matter on 05.02.2025. Before the next date, the petitioner shall file copy of service of notice on record.

(VIJAY KUMAR SHUKLA) JUDGE

soumya

2 MP-127-2025