E.N. GEETHANATH Vs. K.V. SAJITH

JUDGEMENT

(1.) CONCURRENT orders refusing to set aside the ex -parte decree in a suit for realisation of money are under challenge in this Original Petition under Article 227 of the Constitution of India. An extent of about 1.85 acres of land in Kasargode district has been sold for a sum of Rs. 90,200/ - in execution of a decree for money which was passed ex -parte. It is the case of the petitioner/defendant that he had psychic problems and was under the treatment of one Dr. H.S. Venkatesh at Mysore in Karnataka State. The petitioner had produced two medical certificates (Exts. A1 and A2) issued by Dr. H.S. Venkatesh who is a consultant psychiatrist. The petitioner contended that he had to flee his native place owing to acute mental stress as he was indebted to many in his business. It is stated that the petitioner was wandering about and was later traced by one of his relatives at Varanasi in Uttar Pradesh and brought back to Mysore for treatment. The court below has refused to act on the medical certificates for the reason that Dr. H.S. Venkatesh was not examined in evidence by the petitioner. The petitioner seeks an opportunity to examine the consultant psychiatrist to establish that he was being treated for psychic problems intermittently.

(2.) THE petitioner asserts that the respondent is a money lender and that about 50 cents of the property was assigned pending application for setting aside the ex -parte decree. The respondent on the other hand asserts that he has effected valuable improvements in the property and that right of third party has also come in. The respondent states that the petitioner is involved in a few criminal cases also which is stoutly refuted by the petitioner. The petitioner points out that those were criminal cases under the Negotiable Instruments Act which have all been settled as of now. I am inclined to afford an opportunity to examine the consultant psychiatrist and other evidence to show that the petitioner was suffering from mental disorder at the material time. I set aside the impugned orders and remand I.A. Nos. 1565/2012 and 1566/2012 in O.S. No. 41/2000 on the file of the court of the Munsiff of Hosdurg. Sufficient opportunity will be afforded to either sides to adduce further evidence and substantiate their contentions. The parties will appear in the court below on 03.12.2012.