Poa in civil suit

S. S. Rathi (Querist) 25 September 2016 This query is : Resolved
Sir

I want to take POA of civil suit filed by my wife, now if i filed POA even then my wife require to attend court in cross examination s PW1 OR defendant cross examine me on behalf of my wife. Now the stage of case is Jurisdiction application 14 (2) was filed by defendants and kept for order in next week.

So pls guide me when i will file POA and whether its allowable to cross examine instead of My wife

Regards

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Raj Kumar Makkad (Expert) 25 September 2016
Your question is hypothetical. You have to cross the stage whether the court has jurisdiction to hear your case or not. Get this application dismissed first.

Your wife has filed civil suit and till date you are withholding her POA provided in your favour. Produce it before the court and only then ask this question when affidavit of evidence in chief is submitted by you.

Your wife shall be required to submit her affidavit if the matter of her personal knowledge is involved.

Rajendra K Goyal (Expert) 25 September 2016
Other party may not agree to cross POA on behalf of petitioner, may object to the proposal.

Raj Kumar Makkad (Expert) 25 September 2016
POA should be submitted before the trial court at the earliest so that you may further depose on behalf of plaintiff.

Guest (Expert) 25 September 2016
Your query reveals as if you have filed a case for and on behalf of your wife, who may not be aware of what is what of the case.

Be aware, POA cannot be a tool to help you become a proxy for a witness.