RAMACHANDRAN PILLAI A Vs. BHARATHIYAMMA D

JUDGEMENT

(1.) THE questions of law involved in this Civil Revision Petition are the following:

(2.) THE plaintiff in the suit (O.S.No.167 of 2008 on the file of the Court of the Subordinate Judge of Thiruvalla) is D.Bharathiyamma represented by her next friend A.Ramachadran Pillai. The defendants in the suit are the daughter of Bharathiyamma, the son of first defendant and the assignee of the property from Bharathiyamma.

(3.) BHARATHIYAMMA (the plaintiff) filed I.A.No.1175 of 2008 praying to conduct an enquiry under Rule 15 of Order XXXII of the Code of Civil Procedure, to take her evidence and any other evidence and to take the suit 'off the file'. In the affidavit accompanying the application, Bharathiyamma stated that she is not a person of unsound mind or a person of feeble mind. The suit was instituted by her son as next friend only to wreck vengeance against her. She was having disputes with her son for the last several years. The next friend has no right to institute the suit on behalf of the plaintiff. The plaintiff also stated that O.S.No.282 of 2003 filed by her before the Munsiff's Court, Thiruvalla against the next friend Ramachandran Pillai is pending in the transferee court. Ramachandran Pillai had instituted O.S.No.554 of 1998 on the file of the Munsiff's Court, Thiruvalla against Bharathiyamma and also defendants 1 and 2 in the present suit. That suit is also pending. The plaintiff also stated that Ramachandran Pillai had instituted O.S.No.77 of 1998 against her before the Munsiff's Court, Thiruvalla. That suit was dismissed. The Appeal and Second Appeal therefrom were also dismissed. O.S.No.77 of 1998 was a suit for specific performance of an alleged oral agreement for sale in respect of the property in question, filed by Ramachandran Pillai against Bharathiyamma. The plaintiff also stated that on 22.7.2008, Ramachandran Pillai had filed a Caveat before the same court against her and others. In the suits referred to above and in the Caveat, she is not described as a person of unsound mind or mental infirmity. The present suit was filed on 14.8.2008.