DEVCHAND Vs. PREMCHAND

JUDGEMENT

(1.) APPLICANT /plaintiffs have directed this revision against the order dated 19.1.2001 passed by 1st Civil Judge, CI. II, Ratlam in C.S. 78 A/2000, thereby directing applicants to appoint some competent person to act as next friend of plaintiff No. 1 Deochand, who happens to be deaf and dumb.

(2.) CONSIDERING the submissions of the learned counsel and on perusal of the provisions of O. 32, CPC as also the relevant provisions of the Evidence Act, it emerged that a deaf and dumb person cannot be considered to be an incompetent witness or a person incompetent to file a suit under the provisions of CPC.

(3.) IN view of the aforesaid facts the impugned order passed by the trial Court is illegal and deserves to be quashed exercising powers under S. 115, CPC. Revision petition is accordingly allowed. No order as to costs.