SHEOKARAN Vs. LOK RAM

JUDGEMENT

(1.) By way of present revision petition, the petitioner has challenged the order dtd. 12/7/2022 passed by the Court of learned Civil Judge, (Junior Division), Bhiwani, dismissing an application filed at his instance, for conducting medical examination of Sheokaran i.e. the plaintiff.

(2.) In the present case, a suit for declaration and permanent injunction has been filed arraying Sheokaran as plaintiff, through Hoshiyar Singh being his real brother and next friend having no adverse interest against Sheokaran. In the said suit, an application was filed at the instance of Hoshiyar Singh for examination of Sheokaran by a medical board, determining his mental condition/status. The learned trial Court rejected the said prayer while passing the impugned order dtd. 12/7/2022, observing that in the absence of any medical record, the prayer could not be allowed.

(3.) By way of present revision petition, learned counsel on behalf of the petitioner submits that Sheokaran is an old man of 83 years of age and is residing under the supervision and control of respondent No.l and as such, he could not produce any medical record showing his mental status and thus, submits that he should be provided Court assistance for ascertaining the mental condition of Sheokaran, who according to him is of unsound mind.