SHANMUGASUNDARAM Vs. SARASWATHI AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 03.09.2013 made in I.A.No.829 of 2010 in O.S.No.457 of 2009 on the file of the Principal District Munsif Court, Erode.

(2.) The petitioner is the third defendant, first respondent is the plaintiff and the respondents 2 and 3 are defendants 1 and 6 in the suit in O.S.No.457 of 2009 on the file of Principal District Court, Erode. The first respondent filed the above suit for declaration that the second respondent/first defendant is mentally retarded and insane person and to declare the release deed dated 24.03.2005 executed by the second respondent/first defendant in favour of the second defendant as void and unenforceable and consequently the settlement deed dated 07.01.2009 does not confer any title to the petitioner in respect of the share of the second respondent/first defendant and for permanent injunction restraining the second defendant and petitioner from any manner alienating or encumbering the suit property. 2(a) The second defendant filed written statement on 22.03.2010 and the same was adopted by the petitioner/third defendant. The petitioner/third defendant also filed additional written statement on 29.06.2012. The first respondent filed I.A.No.829 of 2010 under Order 32 Rule 15 and section 151 CPC for a direction to the petitioner herein to produce the second respondent/first defendant before the court to examine the second respondent/first defendant by the court as well as by the Medical Board headed by District Medical officer attached to the Government Head Quarters Hospital, Erode to verify the mental condition of the second respondent. According to the first respondent, the second respondent was in the custody of the second defendant and after the death of the second defendant, she is in the custody of the petitioner and life of the second respondent is in danger. 2(b) The petitioner filed counter and contended that the application filed by the first respondent is pre-mature as the first respondent has already filed MHOP No.4 of 2009 on the file of the Principal District Court, Erode. The application is liable to be dismissed for non-joinder of parties as legalheirs of the deceased second defendant are impleaded. The second respondent is in the custody of the petitioner but she is in the custody of Marayammal, third respondent herein. The second respondent has no property of her own and the MHOP filed by the first respondent for appointment of guardian before Principal District Court, Erode does arise. There is no necessity to subject the second respondent to Medical Board to ascertain her mental condition. 2(c) The learned Judge, considering the averments in the affidavit, counter affidavit and that Marayammal, the third respondent herein/sixth defendant who is the mother of the petitioner was sought to be impleaded as respondent in application and after entering through counsel in the present application, she did file any counter and she was set exparte, the MHOP No.4 of 2009 was dismissed as pressed and the second respondent could answer the questions put by the Principal District Judge, Erode when she was produced before the Court, allowed the application directing to send summons to the third respondent to produce the second respondent before the court on 17.09.2013 so as to refer her to the Medical Board, namely District Chief, Joint Director of Medical and Rural Health Services, Government Head Quarters Hospital, Erode.

(3.) Against the said order dated 03.09.2013 made in I.A.No.829 of 2010 in O.S.No.457 of 2009, the present Civil Revision Petition is filed by the petitioner.