C.R. No. 4600 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4600 of 2008 Date of Decision: September 1, 2009 Mahinder Singh …..Petitioner Vs. Bhag Singh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. S.S. Dinarpur, Advocate for the petitioner. Mr.Jainainder Saini, Advocate for the respondent. -.- M.M.S. BEDI, J. (ORAL) The defendant- petitioner has taken a specific plea in the written statement that he is suffering from mental infirmity. On account of the said mental infirmity and unsoundness of mind since 2002, he remained under treatment of various doctors. The defendant- petitioner had been C.R. No. 4600 of 2008 [2] given four opportunities besides one last opportunity till April 26, 2007 when the evidence of the defendant- petitioner was closed. Without expression of any opinion regarding the mental health of the defendant, it is observed that the Courts should adopt a liberal approach towards the persons who claims themselves to be mentally retarded or insane. Taking a sympathetic view and the plea of the defendant even in the written statement regarding his mental illness, this petition is allowed. The application for permission to produce the evidence of Dr.V.P.Mehla of Rohtak, who had allegedly been treating the defendant- petitioner will be permitted to be produced by giving two opportunities to the petitioner, before recording the rebuttal evidence of the plaintiff- respondent. Parties are directed to appear before the trial Court on the date already fixed. On the said date of hearing, the petitioner will take steps to produce the evidence sought for in application annexure P-3, dated April 5, 2008. It is made clear that the said opportunity will be granted subject to payment of Rs.5000/- as costs. Petitioner will not be given more than two opportunities to produce the abovesaid evidence. September 1, 2009 (M.M.S.BEDI) sanjay JUDGE