T BINDU Vs. KAMALADEVI KUNJAMMA

JUDGEMENT

(1.) THE suit is one for partition and to set aside a settlement deed (document No.7427/2007) . The plaintiffs are widow and two minor children. The first defendant is the mother -in-law of the first plaintiff. The second defendant is the sister-in-law of the first plaintiff. The plaintiffs filed an application to adjudge the first defendant as mentally infirm. The plaintiffs in short wanted a next friend to be appointed for the first defendant to defend the suit.

(2.) THE first defendant was allegedly treated for Bi Polar Disorder. The doctor (Dr.T.V. Francis) who treated the first defendant was examined in evidence . The medical prescription issued by Dr.T.V.Francis were also produced. The same reflected that the first defendant was under prolonged treatment from the year 1976 till 2009. The court below did not have an opportunity to advert to the case sheet since it was produced after the doctor was examined.

(3.) THE plaintiff had in fact filed I.A No.2110/2009 to subject the first defendant for examination by a Medical Board. The said application was merely closed for the reason that Dr.T.V.Francis has already been examined. The answers elicited from the first defendant by the court below are also not self assuring . I feel that a deeper probe by the Medical Board is absolutely essential.