KUNHAMMA Vs. ROSAKKUTTY

JUDGEMENT

(1.) OS No. 45/95 was filed before the Munsiffs Court, Nadapuram by the revision petitioner, as the next friend of one Pulikkal Thomas, to whom the plaint schedule property belongs, for a permanent prohibitory injunction restraining the defendant from alienating the plaint schedule property and cutting and removing valuable trees from the property. It is alleged that Sri. Pulikkal Thomas is deaf and dumb and incapable of looking after his affairs. During the pendency of the suit IA No. 583/96 was filed by Thomas aforesaid for removal of the next friend. The lower Court, after conducting enquiry by order dated 26.6.1996 allowed the petition and removed the next friend. That order is challenged by the next friend in this revision petition.

(2.) The revision petitioner has contended that Pulikkal Thomas is deaf and dumb and mentally retarded person incapable of looking after his affairs. A Medical certificate issued by doctor Ali who was treating him, to that effect was produced before the lower court at the time of filing the suit, by the petitioner as his next friend. According to him, the lower court without conducting a proper enquiry as provided under O.32 R.15 CPC held that Sri. Thomas is only deaf and dumb and is capable of looking after his affairs. The respondent vehemently contended that the lower court has conducted a proper enquiry as provided under 0.32 R.15 CPC and satisfied that Sri. Thomas was capable of looking after his affairs, by questioning him in open court and that fact is evident from the impugned order itself. In the impugned order, it is stated that the enquiry was conducted in open court and to all questions put by the Court Sri. Thomas had given proper, correct and intelligent answers through gestures and signs and the lower court allowed the petition finding that Thomas is only a deaf and dumb person and not an individual incapable of looking after his affairs.

(3.) O.32 R.15 CPC reads as follows :