Power of attorney evidence is limited where execution alleges personal disobedience of an injunction and personal knowledge matters.

Order III Rule 1 CPC permits a recognised agent to appear and act for a party, but that authority does not extend to giving evidence on personal acts and personal knowledge of the principal. In execution proceedings alleging wilful disobedience of an injunction and seeking arrest or civil detention, the issue turns on the judgment debtor's own conduct. Because the alleged breach is personal in nature and within the debtor's knowledge, explanation and proof must come from that person. A power of attorney holder cannot depose in place of the principal on those personal matters and cannot represent the judgment debtor for defending such execution proceedings.

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Issues: Whether a power of attorney holder can represent and depose for the judgment debtor in execution proceedings for alleged wilful disobedience of an injunction decree involving personal acts and personal knowledge.

Analysis: Order III Rule 1 of the Code of Civil Procedure, 1908 permits appearance and acts through a recognised agent, but that permission is confined to acts done by the agent within the authority granted. Where the execution petition seeks arrest and civil detention for violation of an injunction, the proceeding is founded on the alleged personal conduct of the judgment debtor. Such a matter requires explanation and evidence from the person against whom the accusation is made, especially where the facts are within that person's personal knowledge. A power of attorney holder cannot depose or speak to those personal acts in place of the principal.

Conclusion: The power of attorney holder was not entitled to represent the judgment debtor for the purpose of defending the execution proceedings relating to personal disobedience of the injunction.

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