ANURUDH KUMAR Vs. RAMKISHORI AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India challenges the order dated 20-05-2013 (Annexure P/1) whereby the application filed by the petitioner/plaintiff under Section 151 of the C.P.C. for restoration of Civil Suit No.38-A/13 was dismissed by the Court below.

(2.) The petitioner/plaintiff filed a suit for partition and declaration of share in respect of suit property alleging that the same is his ancestral property. The said civil suit was entertained and notices were issued to the other side. On 18-05-2013, the case was adjourned by the Court below and the next date was fixed as 04-07- 2013.

(3.) Shri Saket Agrawal, learned counsel for the petitioner contends that on 04- 07-2013, the respondent No. 1, who is mother of the petitioner and the respondent No. 3 brought the petitioner before the Court in a drunken state. The petitioner was not in a fit mental condition because he was suffering from mental illness since 15- 05-2013. The petitioner was compelled to withdraw the suit for partition. Copy of the order of Court below dated 18-05-2013 is annexure P/4.