PANNALAL JAWATRAJ SHARMA Vs. VIPUL PANNALAL SHARMA

JUDGEMENT

(1.) The Chamber Summons was filed under Order XXXII Rule 15 of the Code of Civil Procedure 1908 ("CPC"). It sought an appointment of one Rajeshree Pannalal Sharma ("Rajeshree") as the next friend and guardian ad litem of Pannalal Sharma ("Pannalal") on the footing that Pannalal was incapable of attending to his affairs. Affidavits in Support of the Chamber Summons said that Pannalal Sharma, the original Plaintiff, was diagnosed with Alzheimers in 2016. His condition worsened over time. Reports annexed to the Chamber Summons were cited to show that when Pannalal underwent tests, the results were below the standard parameters of cognitive ability.

(2.) The Chamber Summons was opposed including inter alia by the 2nd Defendant, Manoj Pannalal Sharma. He contested the assertions in the Chamber Summons on various grounds and specifically asserted that Pannalal was perfectly capable of managing his affairs from 2016 (until very recently).

(3.) I heard Mr Jagtiani, Senior Advocate for the Applicant in support and Mr Madon for the Respondents.