AMRUTABEN BUDHAJI THAKORE Vs. NITABEN SOMABHAI PATEL

JUDGEMENT

(1.) Heard Mr. D. C. Dave, learned Advocate for the petitioner.

(2.) This Revision Application is filed against the order passed by the learned Small Causes Judge, Ahmedabad in H.R.P. Suit No. 1993 of 1993 on 29th day of November, 2002 below an application Exh. 74 filed by the present petitioner, i.e. original defendants of the said Civil Suit under Order 32, Rules 2 and 15 of the Code of Civil Procedure.

(3.) As per the brief facts one Nitaben Somabhai Patel, plaintiff No. 1 and Vishnubhai Somabhai Patel, plaintiff No. 2, both jointly filed the abovesaid rent suit against the present petitioner for the arrears of rent as well as for eviction. In the abovesaid suit, at the stage of recording of evidence, an application Exh. 74 was preferred by the present petitioner stating that as a Power of Attorney holder of Nitaben, plaintiff No. 2 Vishnubhai has maintained the abovesaid suit and entered in the witness box. Right from the filing the suit, defendants have declared that plaintiff No. 1 is of unsound mind and therefore, plaintiff No. 1, Nitaben cannot maintain the suit and plaintiff No. 2, Vishnubhai, in capacity of Power of Attorney holder of plaintiff No. 1 also cannot maintain the suit. It was, therefore, in the said application, prayed that as per Order 32 Rules 2 and 15 of the Code of Civil Procedure the suit was not maintainable and suit required to be dismissed.