SAJAL DAS Vs. MRITYUENJOY SHIB

JUDGEMENT

(1.) This revision petition is filed by the original plaintiff. He has challenged an order dated 01.08.2019 passed by the learned Civil Judge, Sr. Division, Gomati District, Udaipur in case No.T.S. 36 of 2016. This revision petition has a long history which can be briefly recorded as under:

(2.) The petitioner is the original plaintiff. He has filed the above numbered title suit before the Civil Court claiming that the defendant No.1 had executed a sale deed in favour of the plaintiff. Defendant No.2 in the suit is the wife of the defendant No.1.

(3.) An application came to be moved before a Civil Court seeking appointment of guardian of the defendant No.1 on the ground that he suffers from mental incapacity. On 10.04.2017 the trial Court passed an order appointing defendant No.2 as a guardian of defendant No.1 to defend the suit. This was on the basis of the report of the Medical Board which opined that the defendant No.1 was suffering from Schizophrenia which is a mental illness. The learned Judge was of the opinion that the defendant No.1 was medically unsound.