A RAJAMANICKAM Vs. SUSEELA

JUDGEMENT

(1.) THE above revision is directed against the fair and decretal order dated 30.6.1997 made in I.A.No.16 of 1997 in O.S.No.248 of 1996 by the Court of District Munsif, Virudhunagar, thereby dismissing the application filed by the petitioner/proposed defendant as third party under O.32, Rules 2 and 3 and Sec. 151 of the Code of Civil Procedure, thereby praying to implead him as a necessary party to the suit.

(2.) A perusal of the affidavit filed in support of the petition by the petitioner would reveal that his son is of unsound mind whose interests are intermingled in the subject matter of the suit and to safeguard the interest of the son of unsound-mind who is claimed to be having some right or interest in the property concerned hence the father has filed the above application as the natural guardian and next friend of the proposed third defendant.

(3.) MOREOVER, the lower court has not bothered about considering all the points pleaded by either party or even Sec.54 of the Mental Health Act, 1987, regarding the applicability of the same in the situations and circumstances that are prevalent in the case.