BHAJAN LAL Vs. JIVAN KISHORE

JUDGEMENT

(1.) NOTICE could not be issued to the respondent as process fee was returned under objections. Appellant was duty bound to file process fee and get the notices issued because appellant has been successful in obtaining an interim order of stay of the impugned judgment on 1.11.2013 when notices were issued. I have therefore heard the counsel for the appellant in the appeal.

(2.) THIS second appeal is filed under Section 100 CPC , 1908 impugning the judgment of the first appellate court dated 22.8.2013. The first appellate court by the impugned judgment has dismissed the appeal of the appellant by which the appellant -defendant challenged the judgment of the trial court dated 15.2.2012 by which the trial court decreed the suit of the respondent -plaintiff for possession and mesne profits as 1000/ - per month from 11.9.2000 with respect to the property bearing no.A -437/2 Shastri Nagar, Delhi -52.

(3.) BEFORE me, counsel for the appellant contended that the appellant/defendant was of unsound mind and therefore, the decree passed against him is void by virtue of Order 32 CPC. Reliance is placed upon preliminary objection para -1 of the written statement and its response in the replication to argue that appellant/defendant is admittedly of an unsound mind and therefore, the decree passed by the trial court is void.