In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 4878 of 2009(O&M) Date of Decision:October 08, 2009 Pehal Singh ---Petitioner versus Subhash ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. J.S.Saneta,Advocate, for the petitioner *** SABINA, J. Petitioner-Pehal Singh has filed this petition under Article 227 of the Constitution of India for setting aside order dated 28.7.2009 passed by Additional Civil Judge (Senior Division), Panipat whereby the application filed under Order 32 Rule 2 read with Section 151 of the Code of Civil Procedure filed by the petitioner has been dismissed. Plaintiff-Subhash has filed a suit for declaration to the effect that he was owner in possession of the suit land on the basis of Will dated 17.4.2003 registered on 22.4.2003 by his father Telu Ram. During the pendency of the suit, petitioner -defendant moved an application that the suit filed by the plaintiff be dismissed as it was not legally maintainable and the plaintiff was not of sound mind. Vide the impugned order , the Civil Revision No. 4878 of 2009(O&M) -2- application was dismissed by the trial court. Hence, the present revision petition. After hearing the learned counsel for the petitioner, I am of the opinion that this petition is devoid of any merit. The case of the plaintiff is that the plaintiff was of unsound mind whereas the plaintiff in reply to the application field by the petitioner had denied the said allegation and it has been averred that it was only mentioned in the plaint that the plaintiff was not worldly wise. However, the fact that it was stated in the plaint that the plaintiff was not worldly wise, does not lead to the inference that he was of unsound mind. At this stage there is no documentary record to establish that plaintiff is of unsound mind. In these circumstances, the trial court had rightly dismissed the application. The impugned order does not suffer from any illegality or infirmity. Accordingly, this petition is dismissed. (SABINA) JUDGE October 08, 2009 PARAMJIT