1. This writ petition is directed against the order passed on I.A. No. IX in O.S. No.270/2009 (100/2011) on the file of the Court of the Civil Judge (Jr. Dn.) and JMFC, Sindagi.

2. Facts in brief are that, the plaintiff filed the suit in O.S. No.270/2009 (100/2011) against the defendants for declaration and permanent injunction claiming to be the legally wedded wife of deceased Basappa Mallappa Halimani @ Agasbai. In the said proceedings, I.A. No. IX was filed by defendant No.1, seeking permission to adduce evidence through her special power of attorney-holder on the ground that she is suffering from mental disorder due to the death of her husband and torture by her family members, which came to be rejected on hearing both the parties. Hence, this writ petition.

3. Learned counsel Sri Sudheer Kulkarni appearing for the petitioner would submit that, documents were placed on record to establish the factum of the defendant No.1/petitioner not keeping in good health to adduce evidence. These material documents were not appreciated by the Court below, on the other hand, the Court below proceeded to reject the application, observing that no documents have been produced by the petiti