Madras High Court
R.Samraj vs K.Thiravia Raj on 15 June, 2022
CRP(PD)(MD)No.2465 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(PD)(MD)No.2465 of 2017 and
CMP(MD) No.11681 of 2017
R.Samraj ... Petitioner
Vs
1.K.Thiravia Raj
2.T.Suseela ... Respondents
Prayer: Petition filed under Article 227 of the Constitution of India, to set
aside the fair and decreetal order dated 19.09.2017 passed in I.A.No.239 of
2017 in O.S.No.274 of 2016, on the file of the Subordinate Judge,
Padmanabhapuram.
For Petitioner : Mr.R.Subramanian
For Respondents : Mr.R.Manimaran
ORDER
This Civil Revision Petition is filed as against the fair and
decreetal order passed by the learned Subordinate Judge,
Padmanabapuram in I.A.No.239 of 2017 in O.S.No.274 of 2016.
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CRP(PD)(MD)No.2465 of 2017
2.The Interlocutory application in I.A.No.239 of 2017 in
O.S.No.274 of 2016 was filed by the wife of the defendant before the
Subordinate Judge, Padmanabhapuram as guardian/next friend that her
husband/defendant is of unsound mind. The said application filed by the
wife was dismissed by the trial that no supportive medical records were
produced to show that the defendant was not able to defend the case
properly. Aggrieved over the same, the wife filed this present Civil
Revision Petition.
3.The learned counsel appearing for the petitioner submits
that the petitioner is having medical document. But the trial Court
disposed of the Interlocutory Application filed by her on the date of
counter affidavit filed by the respondent herein itself, even without
providing an opportunity to the petitioner to file the medical documents
in support of her contention. He requests that if the matter is remanded
back, the petitioner is prepared to produce the relevant medical records
before the trial court and the petitioner is also inclined to take out an
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CRP(PD)(MD)No.2465 of 2017
application under Order XXXII Rule 15 of Civil Procedure Code, for
medical examination of the defendant. He also relied upon the judgment
of this Court, in G.V.Lakshminayaranan and others Vs
G.V.Nagammal and others reported in 2007 3 CTC Page 1.
4.Per contra, the learned counsel appearing for the
respondents vehemently opposes the petition stating that the petition
itself is not maintainable as the petition is filed by the wife of the
defendant, namely, Nirmala on behalf of the defendant and the Court
has not at all granted any leave to the petitioner to file a Civil Revision
Petition. He further submits that the petitioner has failed to produce the
necessary medical certificate at the time of filing of the application in
I.A.No.239 of 2017, under XXXII Rule 12 of Civil Procedure Code and
merely sought for the relief that the defendant is of unsound mind.
According to the learned counsel for the respondents, in order to defeat
the claim of the respondents/plaintiffs, this attempt is made by the
defendant and his wife.
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CRP(PD)(MD)No.2465 of 2017
5.This Court considered the rival submissions made and also
perused the records available on record.
6.The respondents/plaintiffs have filed the suit in O.S.No.
274 of 2016 before the Subordinate Court, Padmanabapuram for
recovery of money from the defendant. Pending suit, the wife of the
defendant filed an Interlocutory Application in I.A.No.239 of 2017
under Order XXXII Rule 12 for appointing her as the guardian/next
friend for the unsound mind defendant. The said application was
dismissed on the ground that the petitioner has not filed any supportive
documents to substantiate that the defendant is of unsound mind. The
apprehension of the respondents/plaintiffs is that if the defendant is
declared as unsound mind, they may not be able to recover the money.
7.This Court entertained this Civil Revision Petition in the
year 2017 and ordered notice and also granted an order of interim stay
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CRP(PD)(MD)No.2465 of 2017
and therefore impliedly leave was granted at the time of admission itself.
The petitioner, now along with the application has also produced the
medical records stating that her husband is of unsound mind. However,
she failed to produce these medical certificates at the time of hearing in
I.A.No.239 of 2017 and her grievance is that the said I.A.No.239 of
2017 was disposed of in a hurried manner without even providing an
opportunity to the petitioner. But, the fact remains that the petitioner has
come forward with certain medical documents stating that her husband
is of unsound mind, who is facing the suit for recovery of money before
the trial Court. Therefore, this court is inclined to allow this Civil
Revision Petition and remand the matter back to the trial Court.
8.Accordingly, this Civil Revision Petition is allowed and
the matter is remanded back to the trial Court enabling the petitioner to
produce all the relevant medical records to show that her
husband/defendant is of unsound mind. The petitioner/defendant shall
also at liberty to file necessary application under Order XXXII Rule 15,
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CRP(PD)(MD)No.2465 of 2017
seeking for medical examination of the defendant, who has to be
declared as mentally unsound person. On filing of such application, the
trial Court shall refer the defendant for medical examination to the
nearest Government Hospital and shall ascertain the condition of the
defendant and shall also dispose of the application as expeditiously as
possible, preferably within a period of three months from the date of
receipt of a copy of this order. Since the suit is of the year 2016, the trial
Court shall also conduct the trial and dispose of the suit at the earliest
possible time. No costs. Consequently, connected Miscellaneous
Petition is closed.
15.06.2022
Index : Yes / No.
Internet : Yes / No.
vrn
To
The the Subordinate Judge, Padmanabhapuram.
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CRP(PD)(MD)No.2465 of 2017
B.PUGALENDHI, J.
vrn
Order made in
CRP(PD)(MD)No.2465 of 2017
15.06.2022
https://www.mhc.tn.gov.in/judis
