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Pushpa Rani (New Lawyer)     17 December 2008

Declaration

Could mental health of plaintiff be an issue in declaration suit? The plaintiff has no intellect power and dictated by a third party which has interest in his property.



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 2 Replies

Uma parameswaran (lawyer)     17 December 2008

 


It is depends upon the nature of the suit. If the documentary evidence are clear then it is easy.

Sushil Kumar Bhatia (Advocate)     17 December 2008

 see order XXXII  SUIT OR AGAINST MINORS AND PERSON OF UNSOUND


    An Unsound person can be represented  by his next friend  but suit shall be filed in name of unsound person through a person called as next friend  when the court on enquiry to be incable ,by reason of any mental infirmity


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