SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1996 Supreme(Ker) 391

K.A.MOHAMMED SHAFI
Kunhamma – Appellant
Versus
Rosakkutty – Respondent


Judgment :-

K.A. Mohammed Shafi, J.

O.S. No. 45/95 was filed before the Munsiff s Court, Nadapuram by the revision petitioner, as the next friend of one Pulikkal Thomas, to whom the plaint schedule property belongs, for a permanent prohibitory injunction restraining the defendant from alienating the plaint schedule property and cutting and removing valuable trees from the property. It is alleged that Sri, Pulikkal Thomas is deaf and dumb and incapable of looking after his affairs. During the pendency of the suit LA. No. 583/96 was filed by Thomas aforesaid for removal of the next friend. The lower Court, after conducting enquiry by order dated. 26.6.1996 allowed the petition and removed the next friend. That order is challenged by the next friend in this revision petition.

2. The revision petitioner has contended that Pulikkal Thomas is deaf and dumb and mentally retarded person incapable of looking after his affairs. A Medical certificate issued by doctor Ali who was treating him, to that effect was produced before the lower court at the time of filing the suit, by the petitioner as his next friend. According to him, the lower court without conducting a proper enquiry as provided un















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top