C.R.No.5425 of 2004 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R.No.5425 of 2004 Date of decision: 29.06.2010 Ram Murti ...Petitioner Versus Paras Ram ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: M/s P.K.Gupta & Manish Gupta, Advocates, for the petitioner. Mr. Sandeep Bansal, Advocate, for the respondent. HEMANT GUPTA, J. (ORAL) Challenge in the present petition is to the order passed by the learned trial Court on 23.09.2004, whereby the plaintiff was allowed to be represented through his next friend for the reason that he is of unsound mind. The plaintiff has filed the suit for declaration through his next friend i.e. his son to challenge the sale deed dated 30.12.1994. Such suit was filed on 21.7.2000. The learned trial Court has permitted the plaintiff to institute the present suit through his next friend on the basis of evidence led by the parties in respect of mental health of the plaintiff. The question which is required to be decided in the suit is; whether the plaintiff Paras Ram was of unsound mind on the date of execution of sale deed i.e. 30.12.1994 and also on the date of institution of the suit i.e. 21.7.2000 or continues to be so. Such question is required to be decided by the learned trial Court on the basis of evidence, which C.R.No.5425 of 2004 2 would be led by the parties. The learned trial Court shall without being influenced by the findings and the evidence recorded for deciding the application permitting Dilbagh Singh to act as next friend of Paras Ram- plaintiff, decide the issues and questions raised in the suit in accordance with law. With the said observation and direction, the present revision petition stands disposed of. 29.06.2010 (HEMANT GUPTA) Vimal JUDGE