FAO No.3258 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.3258 of 2010 (O&M) Date of Decision: 18.04.2011 Balwinder Kaur ...Appellant Versus Gurdev Singh and others ..Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. H.N.S. Gill, Advocate for the appellant. ..... RAJESH BINDAL, J. Challenge in the present appeal is to the judgment and decree dated 28.07.2009 of the learned court below whereby suit filed by the appellant for declaration to the effect that her brother Harbans Singh son of Pritam Singh is in illegal custody of respondents No.2 and 3, daughter and son-in-law of the appellant, and he is a man of unsound mind. The suit having been dismissed, the judgment and decree have been challenged by the appellant before this court. Learned counsel for the appellant submitted that the court was required to get Harbans Singh examined from the panel of doctors to establish that he is unsound of mind man. However, I do not find any merit in this contention of the learned counsel for the appellant. It has been noticedin para 7 of the judgment of the learned court below that on 30.11.2005, during the pendency of the suit before the court below, certain questions were put to Harbans Singh by the court and he replied the same as a man of normal prudence. Learned counsel for the appellant did not lead any evidence on record to prove that Harbans Singh is FAO No.3258 of 2010 2 a man of unsound mind. Besides daughter and son-in-law of the appellant, husband of the appellant has also been impleaded as one of the respondents. Once there is no material brought on record by the appellant to prove that Harbans Singh is a man of unsound mind and further he had replied to all the questions put by the court as a normal person. I do not find any illegality in the judgment of the learned court below by dismissing the suit. The appeal is dismissed. (RAJESH BINDAL) JUDGE 18.4.2011 sharmila