RAM AASRI Vs. KULDIP SINGH

JUDGEMENT

(1.) This Petition is directed by the Defendant against the order dated 18.2.2011 whereby the application filed by the Defendant under Order 32 Rule 15 Code of Civil Procedure to determine the question whether the Plaintiff is a person of unsound mind has been rejected.

(2.) The brief facts of the case are that the Respondent Kuldip Singh filed a suit for declaration that he is exclusive owner in possession of the suit land on the basis of Will dated 13.3.1994 allegedly executed in his favour by late Sh. Bantu, father of Defendant Ram Aasri. The Defendant Ram Aasri in her written statement took a plea that the Plaintiff is a simpleton person and is also a person of unsound mind. According to her, he is dependent upon his family members. It was alleged that Devi Chand, brother-in-law of the Plaintiff in order to grab the property has procured a false power of attorney in his favour.

(3.) It is not necessary to give other facts of the case but during the proceedings the Defendant filed an application that the Plaintiff be directed to appear in person so that an inquiry could be conducted whether he is a person of unsound mind or not in terms of Order 32 Rule 15 Code of Civil Procedure. An ancillary question raised was that in case the Plaintiff is of unsound mind he could not have executed a power of attorney in favour of Devi Chand.