TONI Vs. KAJAL

JUDGEMENT

(1.) A suit was instituted by Mr. Toni through his paternal uncle Mr. Chander Saini (since deceased) and vide order dtd. 26/7/2022, the suit has been dismissed, being not maintainable on the ground that it has not been instituted by an authorized person.

(2.) According to learned counsel for petitioner/plaintiff, said Mr. Toni was a drug-addict and while under the influence of drugs, he had executed a Sale Deed and the suit was filed for declaring such Sale Deed as null and void.

(3.) It is pointed out by learned counsel for petitioner that said Mr. Toni had appeared before the learned Trial Court and made a statement that he had not authorized Mr. Chander Saini to file any such suit and merely for the aforesaid reason, learned Trial Court has dismissed the suit without even deciding the application which had been filed under Order XXXII CPC whereby a request had been made to the learned Trial Court seeking appointment of guardian for him. It is submitted that the dismissal was not warranted merely on the basis of said statement of Mr. Toni, who was not having mental capacity to comprehend the import of his such statement and was not even capable by reason of his mental infirmity, to make a statement, even. It is also apprised that thereafter, matter has even been amicably settled between the parties and such settlement took place on 1/4/2025 before Mediation Centre, Dwarka Court Complex, New Delhi and other side is also agreeable for declaring the Sale Deed as null and void.