Calcutta High Court (Appellete Side)
Smt. Sumitra Naskar & Ors vs Smt. Renuka Naskar & Ors on 16 March, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 16-03-2017
sl. no. 8 tkm/ct. 16 CO 865 of 2017 Smt. Sumitra Naskar & Ors.
Versus Smt. Renuka Naskar & Ors.
Mr. S. Roy Chowdhury ... for the petitioners The petitioners complain of the rejection of the petitioners' application under Order VII Rule 11 of the Code by the trial court though the petitioners alleged that one of the defendants to the suit was of unsound mind and the suit had been instituted against such person without any guardian or next friend being identified. The petitioners say that at the very least, the issue should be decided as a preliminary issue.
In support of such contention, the petitioners rely on an order dated February 16, 2017 passed in C.O 3028 of 2016 (Sonali Golder vs. Netai Golder) by a single Bench of this court. It is evident from the relevant order that it was the next friend of the person of unsound mind who had applied for and on behalf of the person of unsound mind, whereupon a preliminary issue arose. The principle would not apply to this case since it is not as 2 if the petitioners herein were of unsound mind and had been sued without any next friend or guardian being indicated.
C.O 865 of 2017 is disposed of by leaving the petitioners herein free to urge whatever ground may be available to the petitioners at the time of the trial.
There will be no order as costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sanjib Banerjee, J.)