IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.649 of 2009 Date of decision : July 28, 2010 Sukh Dev …Petitioner. Versus Madho Ram …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Deepak Kaushal, Advocate. For the Respondent : Mr. Bimal Gupta, Advocate. Surjit Singh, J (Oral) Petitioner is the son of Nanak Chand, who has been impleaded as one of the defendants in Civil Suit No.45 of 2009 in the Court at Paonta Sahib. Upon service of summons of the case, petitioner appeared before the learned Civil Judge and requested that he be permitted to defend the suit, on behalf of Nanak Chand as, according to him, Nanak Chand was incapable of defending the suit, because of his being mentally ill. Trial Court directed the petitioner to produce his father, i.e. defendant Nanak Chand. Certain questions were put to Nanak Chand, when he was produced in the Court and on the basis of answers to those questions, trial Court has observed that Nanak Chand is in a position to defend himself. Petitioner is aggrieved by this order. 2. I have heard the learned counsel for the parties and gone through the record. Whether reporters of the local papers may be allowed to see the judgment? …2… 3. One of the questions, which were put to Nanak Chand by the trial Court, was as to how many children did he have. He stated that he had four children, but did not know their names. The fact that Nanak Chand does not know even the names of his children does suggest that he may be suffering from some mental disorder. Also, there are two certificates, which have been submitted alongwith the present petition, under Article 227 of the Constitution of India, according to which Nanak Chand is suffering from mental retardation. 4. In view of the abovestated position, the present petition is allowed, impugned order is set aside and it is directed that the trial Court shall afford opportunity to the petitioner to produce evidence, in support of his plea that Nanak Chand is unable to defend himself, owing to mental sickness and of course the plaintiff-respondent shall also have the opportunity to rebut that evidence and in addition to affording opportunity to the parties to lead evidence, Nanak Chand will be got examined from a team of Psychiatrists to ascertain whether he is in a position to defend the suit, instituted against him, or not. Petition stands disposed of. In view of the disposal of the main petition, pending application(s), if any, also stand disposed of. Parties are directed to appear before the trial Court on 3rd September, 2010. July 28, 2010(sd) ( Surjit Singh ), J