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2018 Supreme(Ker) 973

A.HARIPRASAD
Premakumari – Appellant
Versus
Pavithran – Respondent


Advocates Appeared:
For the Appellant : R. Surendran
For the Respondent: Sivan Madathil

JUDGMENT :

At times, facts are stranger than fiction. Sudden turn of events can impact on the fortunes of a human being, likewise the litigations are also unfavourably affected. Narration of facts will justify the above statements.

2. Challenge in this appeal, by the defendant in the suit, is against an order of remand passed by the Additional District Judge-II, Thalassery in A.S.No.82 of 2008. The plaintiff in O.S.No.91 of 2008 before the Munsiff, Kuthuparamba preferred that appeal. 1st respondent herein, purported to be on behalf of his alleged mentally infirm sister Rohini, filed a suit for declaration that a registered document executed by Rohini is null and void and also for a consequential relief of prohibitory injunction. Clear allegations are made in the plaint that Rohini was mentally and legally an infirm person and the document did not bind her. By invoking the provisions in Order XXXII R.15 of the Code of Civil Procedure, 1908 (in short, “the Code”) the court below conducted an enquiry in respect of Rohini’s mental condition. She was found to be in good state of mind and she was not mentally infirm at the time of presentation of the plaint. It was also found that Rohini d














































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