Judgment Rajendra Menon, J:- Challenging the order Annexure P-2 dated 17.2.2012 passed by the Civil Judge Class-II Gadarwara in Civil Suit No.20-A/2010 and the order Annexure P-1 dated 28.9.2012 passed by the First Additional District Judge, Gadarwara in Misc. Appeal No.5/2012 petitioner plaintiff has filed this writ petition under Article 227 of the Constitution. 2. Petitioner is plaintiff and has filed the suit in question for declaration and injunction. The suit has been filed on the basis of power of attorney granted and at the stage of evidence as the attorney holder wanted to give evidence on behalf of plaintiff an application was filed under Order 3 Rule 1&2 CPC and such application was rejected by the trial court merely on the ground that the attorney holder cannot entered into the witness box and give evidence in support, which is in the knowledge of plaintiff. Against the said order a misc. appeal is filed before the appellate authority and the learned appellate authority rejected the appeal on the ground that against such an order the appeal is not maintainable. 3. Having heard learned counsel for the parties and on perusal of the judgment rendered by the Supreme Court in the case of Janki Vashdeo Bhojwani and another Vs. Indusind Bank Ltd. and others 2005 (1) MPLJ 421, and Suneel Shrivastava Vs. Smt. Meena Bai & Ors. the judgment rendered by a Bench of this Court in the case of Mohd. Mansur Ali Khan Vs. Saifia Education Society, Bhopal and others 2006(4) MPLJ 428 it is clear that the attorney holder can only act on the basis of power of attorney granted and cannot appear as witness in his personal capacity and give evidence on behalf of plaintiff. Keeping in view the aforesaid judgment, I see no error on the order passed by the learned courts below warranting interference. 4. Accordingly, the petition is dismissed with the aforesaid.