IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 7 OF JANUARY, 2026

MISC. PETITION No. 5608 of 2025

MOHD SAFAR KHAN

Versus

AHSOK KUMAR MISHRA AND OTHERS

Appearance:

Shri Akhilesh Kumar Jain - Advocate for petitioner.

ORDER application was rejected by the trial Court on 09.01.2024 on the ground that under Order 32 there is a provision for suit by or against persons of unsound mind to be prosecuted or defended through next friend, but there is no provision that the father of person of allegedly unsound mind to be permitted to tender evidence and by reserving liberty to the petitioner/defendant No.1 to produce his father as defendant's witness, the application was rejected. It was also held by the trial Court that looking to the medical papers produced on record, the petitioner does not appear to be a person of unsound mind.

By way of this petition, challenge is made to order Annexure P/8 dated

17.09.2025 whereby the application under Order 32 Rule 1 read with Rule 15 of CPC filed by the petitioner/defendant No.1 has been rejected holding that there are no facts available before the Court to hold that the

petitioner/defendant No.1 is a person of unsou