IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.51 of 2005 1. Ganga Devi @ Akali Devi w/o Baidynath Sah 2. Baidyanath Sah s/o late Rudal Sah 3. Ashok Kumar s/o Baijnath Sah All resident of Village Kadamwa P.S. Ghorasahan Dist. East Champaran Plaintiffs-Respondents- Appellants Versus Ram Bilash Sah s/o late Rudal Sah resident of Village Kadamwa P.S. Ghorasahan Dist. East Champaran Defendant-Appellant- Respondent ----------- For the appellants: Mr Rajendra Kishore Prasad, Advocate For the respondent: Mr Arun Kumar Prasad, Advocate ------------ 19/ 12.05.2010 Heard learned counsel for the appellants and learned counsel for the respondent. 2. This second appeal has been filed by the plaintiffs- respondents-appellants challenging the judgments and decree of both the courts below. 3. The matter arises out of Title Suit No.80 of 1988 which was filed by the appellants for setting aside sale deed dated 15.05.1986 executed by plaintiff no.2 Baijnath Sah in favour of defendant no.2 Bijay Kumar Sah. The said suit was decreed on contest by Munsif, Sikarhana (Motihari) vide his judgment and decree dated 27.04.1993. 4. Against the aforesaid judgment and decree of the trial court, both defendants filed Title Appeal No.68 of 1993(16 of 2001) which was allowed on contest by Additional District Judge II, Motihari, vide his judgment and decree dated 23.11.2004 setting aside the judgment and decree of the trial court and decreeing the claim and suit of the plaintiffs. 5. Learned counsel for the appellants vehemently - 2 - challenges the aforesaid judgment and decree of the court of appeal below on the ground of lunacy of plaintiff no.2, Baijnath Sah and applicability of Order XXXII Rule 15 of the Code of Civil Procedure (hereinafter referred to as “the Code” for the sake of brevity). It may be stated at the outset that the document under challenge was executed by plaintiff no.2, Baijnath Sah in favour of defendant no.2 Bijay Kumar Sah but the said Bijay Kumar Sah although he was party in the title suit as well as in the title appeal, was not impleaded as a party in the instant second appeal. 6. Furthermore, I.A. No. 3205 of 2007 was filed by the appellants for adding the said defendant no.2 as a party to the instant second appeal along with other amendments but the said interlocutory application was dismissed for non-prosecution on 27.09.2007, where after no step in that regard has been taken on behalf of the appellants. In the said circumstances, defendant no.2 being the main contesting party his non- impleadment has adversely affected the instant second appeal. 7. So far the merit of this second appeal is concerned, the court of appeal below has elaborately considered the question of lunacy of plaintiff no.2, Baijnath Sah and applicability of Order XXXII Rule 15 of the Code in view of several cases law including a decision of this court in case of Smt. Godawari Devi vs. Smt Radha Pyari Devi and others reported in 1986 BLJ 302. The court of appeal below also considered the evidence led by both the parties and found that plaintiff no.2, Baijnath Sah deposed as DW 4 and gave categorical statements on oath in the witness box which can not be given by mentally abnormal person. It was also found that the said plaintiff no.2, Baijnath Sah had himself admitted that he executed the sale - 3 - deed and received price of the land from defendant no.2 and delivered possession of the land to the purchaser. This ends the matter because plaintiff no.1 being the wife of plaintiff no.2 had no locus standi to challenge the sale deed executed by her husband who was fully capable of executing sale deed and entering into a contract, rather he had himself admitted that he delivered possession of the suit land to the defendant. 8. In the aforesaid facts and circumstances, this Court does not find any illegality in the impugned judgment and decree nor does it find any substantial question of law involved in the instant second appeal, which is accordingly dismissed at this stage of hearing under Order XLI Rule 11 of the Code of Civil Procedure. (S.N.Hussain,J) shahid