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