D P Sood, J.—Smt. Devkoo as next friend of Sh. Gehru has instituted the instant suit in forma pauprris. Said Smt. Devkoo stated herself to be his wife having no interest adverse to Shri Gehru and. therefore, a fit person to act as his next friend Unsoundness of mind/idiocy of said Sh Gehru is the major nevertheless an interesting basic question amongst others which has arisen for determination of this Court. As per the averments of the plaintiff, Shri Gehru was a deaf and dumb person possessing low Intelligence and he suffered disability at all material times throughout namely, at the time of execution of General Power of Attorney, and two alienations under challenge dated 4-10-1962 (Ex. D-2) and 31-7-1971 (Ex. D-l). Shri Gehru died during the pendency of the suit in the year 1983 and his legal representatives namely, Smt Oevkoo, who was acting as his next friend and Smt. Kimtu, his daughter, have been substituted in his place subject to just legal exceptions,

2. In the plaint the two alienations referred to above have been assailed on the ground of sale being without consideration and in competency of said Shri Gehru to enter into a legal contract. Besides his General Attorney Smt Sobhi, his wife being not legally authorised to sell the land under the aforesaid two sale-deeds. The additional ground for assailing the second sale dated 31 -7-1971 (Ex. D-l) has been alleged to be the result of collusion in between Smt. Sobhi, the seller and Shri Charan Dass Dogra, the buyer. It is further alleged that the first sale dated 4-10-1962 (vide Ex. D-2) pertaining to 112 bighas was for ostensible consideration of Rs. 6,000 and that of second sale dated 31-7-1971 (vide Ex. D-l) pertaining to 4.10 bigbas for an ostensible consideration of Rs. 20,000 but said vendee Shri Charan Dass Dogra in partition got himself allotted land to the extent of ) 2. 10 bighas instead of 4.10 bigbas in collusion with Smt. Sobhi, the plaintiff. Besides, plaintiff has further averred thar the said vendee had firstly, knowledge that the General Power of Attorney in favour of Smt. Sobhi was null and void ab-initio on account of disability suffered by Shri Gehru aforesaid and second, that in such circumstances no permission of the Court for selling the land indispute had been sought for. As per the plaintiff, the cause of action arose on 28-8-1962 when General Power of Attorney was executed by Shri Gehru in favour of his wife Smt. Sobhi, on 4-10-1962 when sale-deed Ex. D-2 was executed by Smt Sobhi in favour of Shri Charan Dass Dogra and 31-7-1971 when second sale-deed was executed by the said General Attorney in favour of Sh. Charan Dass Dogra aforesaid.

3. Defendants are legal representatives of late Sh. Charan Dass Dogra, an Advocate. They have resisted and contested the suit on legal grounds by raising preliminary objections with respect to locus standi of Smt. Devkoo as next friend, valuation, limitation, maintainability of the suit, mis-joinder of causes of action and estoppel.

4. As this stage, it is pertinent to detail that vis-a-vis the legal grounds the defendants have specifically contended that neither General Power of Attorney nor partition proceedings nor cancellation of registrered sale-deeds have been assailed by the plaintiff. Further, according to them the term disability as used in paragraph-9 of the plaint has intentionally been added merely for taking advantage of section 6 of the Limitation Act, 1963. On merits, it has been contended that the disability allegedly suffered by Shri Gehru aforesaid pertains to the date of filing the suit on 10-8-1982 as is evident from allegations in paragraph 1 of the plaint and net to the material dates referred to above. According to them said Shri Gehru was legally competent person to contract and his disability was confined to merely his being a deaf and dumb person of low intelligence that is to say he is contended to be capable of fully understanding his interest at the relevant time the defendants