W.P. No.9647/2010 4.8.2010
Shri Sameer Seth, learned counsel for the petitioners.
Heard.
This petition is directed against an order dated 29/6/2010
passed by Civil Judge Class-2, Gairatganj, Distt. Raisen in Civil Suit
No.20-A/2009, by which an application filed by the petitioners under
Order 32 Rule 15 of CPC was rejected.
2. The trial Court found that there was no material on record to
show that the plaintiff was of unsound mind and rejected the
application. So far as the contention of the petitioners that behind the
back of the plaintiff, some other person is contesting the suit is
concerned, the trial Court held that it is a matter of evidence.
3. This order has been assailed by the petitioners on the ground
that unless and until a summary enquiry is conducted by the trial
Court in respect of unsoundness of mind of the plaintiff, the trial
Court ought not to have been proceeded further in the matter. It is
submitted that the impugned order may be set aside and the trial
Court be directed to hold an enquiry in this regard.
4. From perusal of the application and the impugned order, we
find that though some allegations were made by the petitioners in
respect of unsoundness of mind of the plaintiff, but the application
was not supported by an affidavit. Even no medical certificates was
filed in support of their contention and in these circumstances if the
trial Court rejected the application submitted by the petitioners, no
fault is found. However, the case is at the stage of recording of
evidence and naturally the plaintiff will appear in the witness box. If
after examination of the plaintiff, the trial Court finds that plaintiff is of
unsound mind, the trial Court is free to pass an order in this regard.
5. With the aforesaid directions, this petition is disposed of with
no order as to costs.
(Krishn Kumar Lahoti) (J.K. Maheshwari)
Judge Judge
ts
