DILBAGH SINGH Vs. SAWINDER KAUR

JUDGEMENT

(1.) Dilbagh Singh has filed suit through his wife Daljit Kaur as next friend by instituting plaint Annexure P-1 inter alia alleging that plaintiff-Dilbagh Singh is person of unsound mind and is mentally infirm and cannot himself file the suit and, therefore, the suit was being filed through his wife as next friend.

(2.) Learned Civil Judge (Junior Division), Tarn Taran heard the parties on the point whether plaintiff Dilbagh Singh is of unsound mind. The trial court, in impugned order dated 23.02.2010 (Annexure P-5), observed that jurisdiction to hold any person as person of unsound mind is vested with District Judge under the provisions of the Mental Health Act, 1987 (in short - the Act) and, therefore, the trial court could not give any finding regarding this question and if advised, the plaintiff may approach the concerned court. The trial court adjourned the case requiring the plaintiff to make up his mind as to whether he wanted to pursue the suit or not. Feeling aggrieved by the aforesaid order (Annexure P-5) passed by the trial court, plaintiff, through his wife as next friend, has approached this Court by way of instant revision petition under Article 227 of the Constitution of India.

(3.) I have heard learned counsel for the parties and perused the case file.