1. Aggrieved by the remand order passed by the Additional District Court, Thalassery through judgment dated 25.06.2013 in A.S.No.39/2005, the respondent/plaintiff has come up in appeal.

2. A.S.No.39/2005 was filed by the defendant in O.S.No.92/2003 of the Subordinate Judge's Court, Payyannur. The plaintiff in the suit is one Mohanan aged 53, who is illiterate and unsound minded. His wife Santha aged 42 has represented him in the suit as his next friend under Order XXXII Rule 15 of the Code of Civil Procedure, 1908 by alleging that the said Mohanan is suffering from mental illness and has been undergoing medical treatment for mental illness continuously. An affidavit was filed by the said next friend, when the plaint was presented before the trial court by affirming that she has no interest adverse to that of the plaintiff. It seems that the trial court permitted the next friend to present the plaint for and on behalf of the plaintiff. Another I.A. as I.A. No.1229/2003 was also filed by the next friend along with the plaint for receiving the plaint as well as the I.A. seeking an order of temporary injunction along with it. In the affidavit in support of that I.A. also, it has been stated that the next friend has filed the suit for and on behalf of the plaintiff. It seems that on the date of filing itself, the trial court allowed the said I.A.

3. The case of the plaintiff is that he had title and possession over the plaint schedule properties in which a building was also put up. According to the next friend, on 28.08.2003 while she along with her son were doing some minor works in the newly constructed house situated in the plaint schedule property, the defendant appeared there and told them that he had obtained the sale deed in respect of that property and building from the plaintiff on 11.08.2003. Then only she came to know about such a sale deed. According to the next friend, the plaintiff was suffering from severe mental illness and, therefore, he could not have executed any document by exercising his fee consent. It was also alleged that a meagre consideration of Rs.75,000/- alone was mentioned in the document even though the property was worth rupees lakhs and lakhs, and even that amount shown in the sale deed was also not paid by the defendant to the plaintiff. Immediately, she applied for getting a copy of the document allegedly executed, and on getting the copy, she rushed to the trial court with the suit. The suit was filed for the cancellation of the said sale deed which the defendant got executed from the plaintiff and for a decree of perpetual injunction restraining the defendant from trespassing into the plaint schedule property.

4. The defendant contended that the plaintiff is not a mentally ill person and he had no such mental illness as alleged. According to him, he purchased the property from the plaintiff by paying the consideration shown in the document.

5. On the side of the plaintiff, PWs 1 to 4 were examined and Exts.A1 series, A2 and A3 were marked. On the side of the defendant, the defendant alone was examined as DW1 and Exts.B1 to B15 were marked. The learned Subordinate Judge decreed the suit with costs, thereby cancelling Ext.B1 sale deed and passing a decree of perpetual injunction as prayed for. Aggrieved by the said judgment and decree dated 20.11.2004, the defendant filed A.S. No.39/2005 before the District Court, Thalassery.

6. The learned Additional District Judge allowed the appeal by setting aside the judgment and decree passed by the Subordinate Judge's Court and remitted the suit to the Subordinate Judge's Court for conducting an enquiry as contemplated under Order XXXII Rule 15 CPC and to record a specific finding on that point. It was also ordered that thereafter, the trial court shall proceed with the suit in accordance with law. Aggrieved by the said remand order, the plaintiff has come up in appeal.

7. Heard the learned counsel for the appellant Sri.C.Vathsalan and the learne