M. KANDASAMY Vs. G. BALASUBRAMANIAN AND ORS.

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decreetal order dated 03.11.2014 in I.A. No. 1217 of 2012 in O.S. No. 8156 of 2011 on the file of the II Additional City Civil Court, Chennai.

(2.) The first respondent herein as a plaintiff filed a suit in O.S. No. 8156 of 2011 for recovery of possession and for past and future damages for use and occupation, against three persons. During pendency of the suit, one Suresh Babu, who is the nephew of the first defendant, has filed an application in I.A. No. 1217 of 2012 to appoint him as guardian for the first defendant in O.S. No. 8156 of 2011 stating that the first defendant is a person of unsound mind and he is not capable of protecting his interest. On 18.01.2013, when the matter has taken up for hearing, even though D2 and D3 served with notice, they did not present, hence they called absent and set ex parte. The trial Court after hearing the submissions made by the revision petitioner/first defendant and first respondent/plaintiff, dismissed the application, against which, the present revision has been preferred by the guardian Suresh Babu on behalf of the first defendant.

(3.) Learned counsel for the revision petitioner submits that the trial Court has held that the medical documents relied upon by the revision petitioner are of the year 2003 and there is no recent document to hold that the first defendant is suffering from mental illness. Learned counsel further submits that now he is ready to file the documents to show that the first defendant is suffering from mental illness. However, he submits that the first defendant is taking treatment in the Government Psychiatric Hospital, which is not a periodical check up. Even though the first defendant's wife is alive, nephew of the first defendant has filed the application, since his wife has taken care of her minor daughter and her husband. Therefore, he prayed for allowing the revision.