T. Bindu Residing at Padinjara Tharamel Veettil Ezhikkara Kara, Ezhikkara Village North Paravur Taluk vs Kamaladevi Kunjamma and Ramdevi

V. Chitambaresh, J.—The suit is one for partition and to set aside a settlement deed (document No. 7427/2007). The plaintiffs are widow and two minor children. The first defendant is the mother -in-law of the first plaintiff. The second defendant is the sister-in-law of the first plaintiff. The plaintiffs filed an application to adjudge the first defendant as mentally infirm. The plaintiffs in short wanted a next friend to be appointed for the first defendant to defend the suit. The first defendant was allegedly treated for Bi Polar Disorder. The doctor (Dr.T.V. Francis) who treated the first defendant was examined in evidence. The medical prescription issued by Dr.T.V.Francis were also produced. The same reflected that the first defendant was under prolonged treatment from the year 1976 till 2009. The court below did not have an opportunity to advert to the case sheet since it was produced after the doctor was examined.

The evidence of Dr. T.V. Francis reveals that Bi Polar Disorder is a chronic nature of mental illness. He also deposed that the first defendant was administered sedatives and tranquilisers for a long period. The evidence of the doctor would also indicate that the first defendant can think cogently at times only. The solitary evidence of the doctor may not be sufficient enough to clinch the issue under the circumstances.

The plaintiff had in fact filed I.A No.2110/2009 to subject the first defendant for examination by a Medical Board. The said application was merely closed for the reason that Dr.T.V.Francis has already been examined. The answers elicited from the first defendant by the court below are also not self assuring. I feel that a deeper probe by the Medical Board is absolutely essential.

I therefore set aside Exts. P8 and P9 orders in I.A Nos.5934/2008 and 2110/2009 in O.S No. 587/2008 on the file of the Court of the Principal Subordinate Judge of North Paravur. I remand those interlocutory applications to the court below for reconsideration after obtaining a report from the Medical Board. The first defendant shall make herself available for examination by a Medical Board within a short time as fixed by the court below. The court below shall pass fresh orders after taking into consideration all the relevant inputs. The first defendant points out that two other suits namely O.S No.204/2008 and 448/2009 are pending wherein the same question has been raked up. The finding to be rendered by the court below pursuant to this remand will have an effect only on the competency of the first defendant to defend the present suit.

The original petition is disposed of as above. No costs.