JOSEPH PETER Vs. MARY PETER

JUDGEMENT

(1.) Aggrieved by Ext. P5 order in I.A. No. 10080 of 2014 in O.S. No. 1 of 2014, whereby the court below refused to accept the contention raised by the defendant that court fee will have to be paid under section 40 of the Court Fees and Suit Valuation Act, the petitioner/defendant has come up before this Court under Article 227 of the Constitution of India.

(2.) The plaintiff represented by the next friend, none other than his own wife, sought for declaration of title and also for a declaration that the document said to have been executed by the father in favour of the defendant who is none other than his son is null and void. The plea put forward was one of mental in-capacity to execute the document at the relevant time.

(3.) It is not in dispute that the court below conducted preliminary enquiry and found that the father of the petitioner herein was incapable of managing his affairs and therefore the suit by the next friend was held to be proper.