LILU RAM Vs. KAPUR SINGH

JUDGEMENT

(1.) Plaintiff-petitioner is in revision petition challenging orders dtd. 16/9/2010 and 22/9/2010 passed by the learned trial court as also the order passed by the learned first appellate court dtd. 11/4/2017.

(2.) Plaintiff, who has now died, claiming to be a person of unsound mind (lunatic) filed a suit through his wife Smt. Panmeshari Devi as a next friend. Subsequently, an application under Order 32 Rule 15 read with Sec. 151 of the Code of Civil Procedure was filed by the plaintiff claiming that plaintiff is a person of weak and unsound mind and does not understanding worldly affairs and therefore unable to safeguard of his own interest, so the suit instituted through next friend Smt. Panmeshari Devi has also died on 26/10/2005 and, therefore it has become necessary to appoint next friend of the plaintiff i.e. son named Rajbir who has no adverse interest against the plaintiff.

(3.) The aforesaid application was contested and the court after framing issue, dismissed the application vide order dtd. 16/9/2010 while declaring that Lilu Ram, the plaintiff, is not a lunatic or person of unsound mind. Plaintiff was directed to prosecute his case vide subsequent order dtd. 22/9/2010. The Court dismissed the suit vide order dtd. 22/9/2010 on the ground that as counsel for the plaintiff insisted that Lilu Ram is a person of unsound mind and he cannot forced to proceed with the case in person.