JUDGMENT

Petitioner is the defendant in O.S.No.84 of 2007 on the files of the Munsiff-Magistrate's Court, Pattambi. The respondent, who is none other than petitioner's brother, has filed the suit, seeking a declaration that the sale deed executed by him in the defendant's name is void and consequently, to partition plaint schedule property and allot him 2/7 share. The declaration was sought on the ground that the respondent is a person undergoing treatment for epilepsy and mental illness and at the time when the sale deed was executed, respondent was not having mental capacity to execute the document. O.S.No.84 of 2007 was taken up along with O.S.No.111 of 2007 pertaining to the same property and filed by the defendant in O.S.No.84 of 2007 along with his other siblings. During trial, the respondent was examined as PW3. During the cross-examination of PW3, he was found to be incapable of giving rational answers. Thereupon, the cross-examination was stopped abruptly. Though respondent's wife filed an application seeking to get herself appointed as the next friend, that application was also dismissed. The trial court discarded the evidence of the respondent, decreed O.S.No.84 of 2007 a