ANOKH SINGH Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Additional District Judge, Amritsar dated 1. 9. 1988 allowing the appeal of the defendant - appellants and dismissing the suit filed by the plaintiff-respondent. The facts of the case have been elaborately set out in the judgment under appeal but as the issue has crystallized only on a limited point. The facts need not be adverted to in detail.

(2.) THE plaintiff filed a suit for declaration to the effect that the judgment and decree dated 19th September 1979 passed inter parties herein ought to be set aside as being a nullity as the plaintiff on the date of that judgment and decree was not of sound disposing mind and therefore not able to effectively prove his case. The trial Court framed a number of issues and issue No. 1 being relevant is reproduced below :

(3.) THE only point argued by Mr. S. M. Sharma, learned counsel for the appellant is that the finding of fact recorded by the lower Appellate Court regarding the unsoundness of mind of the appellant was unsustainable in the light of the evidence adduced. He has drawn my attention to Exhibit P-1/a dated 28th December 1979, which is a copy of the outdoor ticket of the Mental Hospital, Amritsar wherein the appellant admittedly received some treatment. It has been urged that the judgment dated 19. 9. 1979 in the earlier suit was rendered only a few months prior to his treatment in the Mental Hospital, Amritsar. He has also asserted that the evidence of the Compounded, Joginder Pal PW-4 who was working with Dr. Puri, a. private Medical practitioner, who had also treated the appellant prior to 28th December 1979, corroborated the fact of the appellant's mental sickness.