MANOJ KUMAR Vs. DARSU

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned Civil Judge (Junior Division), Karsog, District Mandi, dated 06.12.2010, rendered in C.M.A. No. 93 -VI/10 in Civil Suit No. 17 of 2010.

(2.) MATERIAL facts necessary for adjudication of this revision petition are that respondent No. 1 - plaintiff, namely, Darsu (hereinafter referred to as "the plaintiff" for convenience sake), had instituted a suit against the petitioner -defendant No. 1, namely, Manoj Kumar and one Shri Hans Raj (hereinafter referred to as "the defendants" for brevity sake). Plaintiff 'sson, namely, Shri Het Ram moved an application under Order 32 Rules 1 & 4 read with Section 151 of the Code of Civil Procedure on behalf of the plaintiff to pursue his case. According to the averments contained in the application, the plaintiff was suffering from mental illness since 2nd September, 1999. He was normal at the time when the suit was instituted. However, he was not in fit mental condition to depose before the Court due to his mental illness. The wife of the plaintiff is an old lady.

(3.) MR . Ashwani Pathak, learned counsel for the petitioner has vehemently argued that the learned Civil Judge (Junior Division), Karsog, District Mandi has exercised his jurisdiction illegally and there is also material irregularity. According to him, the plaintiff was perfectly all right at the time of institution of the suit and the application has been filed to remove the lacunae.