Specific performance case

sanjeev kumar (Querist) 07 July 2010 This query is : Resolved
I have filed a case of specific performance and i am plantif ( buyer). My witnesses are closed. Defendet is a old lady of 75 years and i think she will not be in position of come for winess or cross examination. Can her son/doughters etc can , on behalf of her give witness/replis.

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Raj Kumar Makkad (Expert) 07 July 2010
It is not your headache whether she comes in person or through her power of attorney or through commission. You are plaintiff and she is defendant. You evidence has been closed and now it is her turn. Wait and watch and do not put hypothetical and imaginary questions.

adv. rajeev ( rajoo ) (Expert) 07 July 2010
If she executes the PA in anybodies name then such person can depose on behalf of principal

Devajyoti Barman (Expert) 07 July 2010
If the constituted attorney has not got any personal knowledge about the case then his testimony is of no relevance. In any case the supreme court has clearly spelt out that the attorney could not testify on behalf of the principal unless he has got personal knowledge about the fact.
You better pray for appointment of advocate commissioner who would visit the defendant in peron and note all the evidences at her place.

G. ARAVINTHAN (Expert) 13 July 2010
She herself can depose or can appoint any person as her agent to depose.

In any case you are going to cross examine the witness.

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