Posted On by &filed under High Court, Madhya Pradesh High Court.


Madhya Pradesh High Court
Ramkalibai vs Aman Singh on 4 August, 2010
                          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


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