Power-of-attorney holder cannot depose as the party's witness; authority to appear and act does not include giving evidence.

A power-of-attorney holder may appear, plead and act for a party under Order 3 Rule 2 CPC, but that authority does not extend to giving evidence in the witness-box on the party's behalf. Such a holder may depose only to facts within personal knowledge and in a personal capacity. If the principal cannot attend, the proper course is to seek recording of evidence by commission; where the party is deaf, Section 119 of the Evidence Act may be used for intelligible examination. The trial court's refusal to permit the holder to testify as the party's witness was upheld.

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Issues: Whether a power-of-attorney holder of a party can appear and depose as a witness on behalf of that party.

Analysis: Rule 2 of Order 3 of the Code of Civil Procedure, 1908 permits a recognised agent holding a power of attorney to make appearances, applications and acts on behalf of the party, but the expression "acts" does not extend to giving evidence in the witness-box for the party. A power-of-attorney holder may testify only to facts within his own knowledge and only in his personal capacity. If the party himself is unable to appear, the proper course is to seek recording of evidence through commission, and where the party is deaf, the procedure contemplated by Section 119 of the Indian Evidence Act, 1872 can be invoked for intelligible examination.

Conclusion: A power-of-attorney holder cannot be permitted to appear as a witness in the capacity of the party. The trial court's refusal to allow such examination was upheld.

Ratio Decidendi: The authority to "appear, plead and act" under Order 3 Rule 2 does not include the right of a power-of-attorney holder to depose as a witness on behalf of the principal.

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