jatin sachdeva 10 January 2017

Order 32 rule 2 of cpc

My father has instituted a suit for declaration and permanent injunction himself and also given a special power of attorney in the name of my sister declaring himself as mentally unsound person and filed this SPA after 3 months in the house of court.Therefore i would like to know whether it is permissible to institute a suit by an unsound person and later on file SPA declaring himself as an unsound mind on the same date(date of institution of suit),Please suggest

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2 Replies

P. Venu (Advocate) 11 January 2017

You have not disclosed the complete facts.

jatin sachdeva 23 January 2017

sir,

My father has instituted a suit for declaration and permanent injunction claiming that i had transfered propertyin my name forgedfully as he was not of sound mind at the time of transfer of property and wants to regain ownership of the Property. On the same date he had given a special power of attorney to my sister to look after the entire suit. My question is whether a person of unsound mind can file a suit in the house of court and whether there is any validity of this SPA or it's void ab initio since in this SPA he has himself declared to be a person of unsound mind