GEETA GUPTA Vs. BALWANT SINGH AND ANOTHER

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India for setting aside order dated 15.3.2016, passed by learned Additional Civil Judge (Senior Division), Tarn Taran, whereby preliminary issue, framed on 18.8.2015, was decided.

(2.) The present controversy relates to the fact whether Balwant Singh has become infirm and a person of unsound mind and is incapable to protect his interest because of his old age. Applicant-Kashmir Singh has sought permission to sue on behalf of Balwant Singh.

(3.) On this point, issue was framed and both the parties led their respective evidence. The Court below, after appreciating the evidence, returned the findings that applicant has been able to prove that Balwant Singh is mentally infirm and incapable to sue in the present case himself.