VEER SAIN Vs. VIRENDRA SINGH

JUDGEMENT

(1.) By means of the present petition, the order dated 16.09.2016 passed by the Civil Judge (J.D) 1st, Baghpat, in original suit no.204 of 2011, in rejecting application 63-Ga moved by the defendant is under challenge. The revisional order dated 04.04.2017 passed in Civil Revision no.32 of 2016 is also been challenged.

(2.) The aforementioned suit has been filed by one Sri Virendra Singh son of late Raghuvir Singh through his wife and next friend Smt. Satto against the defendant/petitioner. The petitioner moved an application 63-Ga with the contention that the suit filed through next friend Smt. Satto by the plaintiff was not maintainable in as much as, the proceeding under sections 50 and 54 of the Mental Health Act 1987 for appointment of guardian of the plaintiff Sri Virendra Singh was pending.

(3.) The contention of the petitioners was that the application under Section 7 of Guardian and Wards Act, 1890 for appointment of Guardian moved by Smt. Satto was rejected on 04.03.2016. Whereas another proceeding under the Mental Health Act, 1987 was pending. Smt. Satto had never been appointed as next friend of the plaintiff by a competent court of law and, therefore, the suit was not competent.