Delhi High Court
Om Prakash Rehan And Ors. vs Brahm Dev Rehan And Anr. on 21 December, 2001
Author: Sharda Aggarwal
Bench: Sharda Aggarwal
JUDGMENT
1. Suren Rehan, one of the sons of Defendant No.1 has filed this application under Order XXXII Rules 3, 4 and 15 read with Section 151 CPC for appointing him as guardian-ad-litem of Defendant No.1 who is alleged to be suffering from Alzheimer's disease. Defendant No.1 is the brother of Plaintiff No.1, and the other Plaintiffs and Defendant No.2 are his sisters.
2. It is a suit for partition filed by one of the brothers with regard to their property bearing No.C-21, Kirti Nagar, New Delhi. The application is opposed by the Plaintiff on the ground that Alzheimer's disease pertains only to forgetfulness which generally occurs in old age and as such no guardian need be appointed for Defendant No.1. Reply to this application has also been filed by two other sons of Defendant No.1, namely, Rakesh Rehan and Virender Rehan. Both of them have not opposed the application as such but have stated that they also being the sons of Defendant No.1, can be appointed guardian-ad-litem.
3. Learned counsel for Defendant No.1 contends that the applicant Suren Rehan is in fact residing with Defendant No.1 along with his mother and it would be much more convenient for him to defend his father's case.
4. As regards the ailment of Defendant No.1, it is pointed out that Defendant No.1 is under the treatment of Dr.K.S.Anand, Neurologist, Ram Manohar Lohia Hospital. The copy of the OPD card placed on record says that he is suffering from Alzheimer's disease. This disease is incurable, it causes dementia which progresses slowly resulting into progressive loss of many brain functions including gradual intellectual decline, inability to concentrate, disorientation, inability to maintain goal directed purposeful thinking or behavior, withdrawal from social interaction and the judgment impairment, etc. It even causes decreased ability to function in self care and daily living activities.
5. Vide orders dated 29th November, 2000 Defendant No.1 was directed to be produced before the Court to ascertain if the order prayed for was at all necessitated. Accordingly, Defendant No.1 appeared before the Court on 6th December, 2000.
6. On appearance, I found Defendant No.1 to be a totally dazed and disoriented person who could not even walk properly. His wife and son informed that he could not even take care of his daily functions and had lost control even on passing urine and stools. They also informed that Defendant No.1 required constant attention of a person.
7. After hearing learned counsel for the parties and specially observing Defendant No.1, I am satisfied that he is incapable of protecting his interest in the suit. The applicant, Suren Rehan is living with him and has no adverse interest to that of his father. I, accordingly, appoint the applicant Suren Rehan his guardian-ad-litem to defend the suit on his behalf.
8. The application stands disposed of.
9. Amended memo of parties be filed before 9th March, 2001, the date already fixed in this case in another interlocutory application No.9152/1999.