Page No.# 1/2 GAHC010242942025 2025:GAU-AS:15003 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/456/2025 SRI HARENDRA CHANDRA DAS S/O LATE GOPAL CHANDRA DAS R/O PIRADHARA, WARD NO. 2 P.O. AND P.S. ABHAYAPURI DISTRICT BONGAIGAON, ASSAM -783384 VERSUS SRI ASHOK KUMAR DEY AND 3 ORS S/O- LATE JAGADISH DEY 2:SRI JAYANTA RAY S/O- LATE SHARBANANDA RAY 3:SRI BABUL PAUL S/O- NARESH PAUL 4:SRI SUDHIR CH DAS S/O- LATE DEBENDRA CH. DAS ALL ARE RESIDENTS OF VILLAGE-BAMUNGAON PART -I P.O. P.S.- ABHAYAPURI DIST. - BONGAIGAON ASSA Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR,MR. C SHARMA Advocate for the Respondent : , Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.11.2025 1. Heard Mr. S. K. Poddar, learned counsel for the petitioner. 2. This application under Article 227 of the Constitution of India has been filed challenging the order dated 25.10.2024, passed by the learned Civil Judge (Jr. Division), North Salmara, Abhayapuri in Title Suit No.69/2021. 3. The plaintiff of the suit fell ill and he gave the power of attorney to his son to prosecute the suit filed by him. The Trial Court allowed his prayer but debarred the power of attorney holder to adduce evidence on behalf of the plaintiff. 4. The learned Trial Court relied upon a Judgment of the Hon’ble Supreme Court that was delivered in Janaki Basudev Bhojwani & Anr. Vs. Indusind Bank Ltd. & others (2005) 2 Scc. 217. 5. On the plain reading of the impugned order, it appears that the learned Trial Court has erroneously interpreted the Judgment passed by the Hon’ble Supreme Court. The power of attorney holder’s evidence is subject to acceptance by the Court under certain circumstances. Therefore, the Trial Court is not entitled to debar power of attorney holder to adduce evidence on behalf of the plaintiff. 6. Therefore, the impugned order dated 25.10.2024 as well as 18.09.2025 are bad in law and stands set aside. 7. The learned Trial Court shall allow the power of attorney holder to examine himself on behalf of the plaintiff of the suit. 8. With the aforesaid direction, this Civil Revision Petition stands disposed of at the motion stage itself. JUDGE Comparing Assistant