NISHAN SINGH Vs. PARAMJIT KAUR AND ORS.

JUDGEMENT

(1.) An interesting question begging for answer is "whether a minor, after attaining the age of majority, has a right to file an additional written statement, without repudiating the averments made in the written statement filed on his behalf by his guardian".

(2.) In brief, Navjot Kaur and Jaspal Kaur for themselves and on behalf of the petitioner Nishan Singh, who was a minor at that time, entered into an agreement to sell on 07.05.2007 with Gurbir Singh, Gurbinder Singh, Jaswinder Singh, Paramjit Kaur and Gurpreet Singh in respect of land measuring 65 kanals @ Rs. 30 lacs per acre and paid Rs. 20 lacs as advance and thereafter Rs. 30 lacs on two dates before the date of execution and registration of the sale deed which was fixed as 30.04.2008. The prospective vendees filed the suit for specific performance on 14.06.2008 against Navjot Kaur and Nishan Singh (minor at that time) as Jaspal Kaur, grandmother of the petitioner had already expired. They also challenged the sale deeds in favour of defendants no.3 to 5 executed on 20.02.2005 by Navjot Kaur and Jaspal Kaur pertaining to some portion of the suit land. Since Navjot Kaur did not appear on behalf of the petitioner, therefore, the trial Court appointed Shri Ajay Gandhi, Advocate as the Court Guardian on 09.09.2008, who filed the written statement on behalf of the petitioner on 18.11.2008.

(3.) The petitioner, who was involved in a criminal case and is in prison serving the life sentence, was born on 31.01.1993 and attained the age of majority on 31.01.2011. The Court Guardian moved an application dated 23.08.2013 to produce the petitioner in Court on production warrants and vide order dated 04.01.2014, the petitioner was produced on 14.01.2014. After his appearance, the petitioner moved an application for removal of the Court Guardian alleging that since he has become major, therefore, he wanted to pursue the suit on his own. His application was allowed on the same day, the petitioner appointed the same advocate and the case was adjourned to 21.01.2014 for filing of the written statement by the petitioner. On the said date, the respondents raised an objection that the petitioner cannot be allowed to file another written statement as the written statement on his behalf has already been filed by the Court Guardian on 18.11.2008. The petitioner then filed an application on 10.02.2014 seeking leave of the Court for filing additional written statement but the trial Court dismissed the application vide its impugned order dated 19.02.2014 and hence, the present revision petition.