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Power of attorney – Statement of Respondent gave a power of attorney on 02.11.1989 to PW1 – The witness was naturally unaware of the preceding events – The witness was therefore also incompetent to deny receipt of photocopy of the release documents pertaining to a prior period – PW-1 was not competent to depose with regard to the same because these were facts which had to be personal to the knowledge of the respondent alone.
Held, Janki Vashdeo Bhojwani v. Indusind Bank Ltd. and Ors., (2005) 2 SCC 217, it was held that a power of attorney holder, who has acted in pursuance of the said power, may depose on behalf of the principal in respect of such acts but cannot depose for the principal for the acts done by the principal and not by the power of attorney holder. Likewise, the power of attorney holder cannot depose for the principal in respect of matters of which the principal alone can have personal knowledge and in respect of which the principal is entitled to be cross-examined. In our opinion, the failure of the respondent to appear in the witness box can well be considered to raise an adverse presumption against him