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2026 DAILYLAW 5769 (RAJ)

MAHESH SHARMA S/O SHRI RADHAKISHAN SHARMA v. SHANTANU TIWARI S/O SHIVCHARAN TIWARI

CW/6317/2026 · 2026-04-09

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:14796] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6317/2026 1. Mahesh Sharma S/o Shri Radhakishan Sharma, Proprietor Salemore Engineers, Address The Haveli, Near Siyaram Temple, Near Oram Apartment, Tilak Marg, C-Scheme, Rajasthan. 2. Salemore Engineers, Address, The Haveli, Near Siyaram Temple, Near Oram Apartment, Tilak Marg, C-Scheme, Jaipur Rajasthan Through Proprietor Mahesh Sharma ----Petitioners-Defendants Versus Shantanu Tiwari S/o Shivcharan Tiwari, R/o, D-158, Hanuman Nagar, Aamrpali Marg, Near Robust Gym, Jaipur, Rajasthan ----Respondent-Plaintiff For Petitioner(s) : Mr. Mohd. Adil For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 09/04/2026 1. Learned counsel for the petitioner after arguing the matter at some length submits that the impugned order dated 28.01.2026 does not specifically mention that the evidence of the power of attorney will be read as the evidence of the plaintiff. 2. However, he apprehends that, under the garb of the order dated 28.01.2026, the evidence of the power of attorney may be read in place of that of the plaintiff himself. 3. Considered. 4. This Court finds that the contention of the petitioner is misconceived, as it is a settled principle of law that no person can be examined in place of the plaintiff as a power of attorney. It is [2026:RJ-JP:14796] (2 of 2) [CW-6317/2026] further settled that a power of attorney holder can depose only in his capacity as a witness and not as the plaintiff. 5. Accordingly, this Court finds no reason so as to call for any interference in the present matter. Hence, the present civil writ petition is disposed of. 6. Pending applications, if any, also stand disposed of. (BIPIN GUPTA),J KRATIKA /13