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4. AIR (1961) GUJ 196 in the case of Municipal Corporation Of City Of V/s Gandhi Shantilal Girdharlal And Anr.

5. The clinical review published on 11/08/2015 on the concept of Hepatic Encephalopathy.

6. Liver diseases an Overview published on 20/11/2018.

7. Encephalopathy prevention and management report published on 22/12/2021.

40. Both the parties have submitted their written arguments in detail. Having heard the arguments of O.S.No.1397/2012 both side and upon careful perusal of the oral and documentary evidence available on record, now the findings of this court to the aforesaid issues are as under:-

42. The defendant has filed detailed written statement contending that she is the legally wedded wife of deceased M.Saindran, their marriage was performed on 29/01/2001 and from their wedlock two children's were born. The plaintiff has filed the above suit suppressing the material facts. The said M.Saindran was a chronic alcoholic used to drink right from the morning and used to be puppet in the hands of his sister i.e the plaintiff, which ultimately resulted in Liver disease and the same became chronic and he was admitted in the St. John's Hospital for treatment on three occasions. The testator was not in a sound state O.S.No.1397/2012 of mind at the time of alleged execution of the Will and there exists suspicious circumstances surrounding the execution of Will. It is the further case of the defendant that her husband was suffering from hepatic Encephalopathy and therefore the alleged Will was executed not in a sound state of mind and therefore, she prays to dismiss the suit.

O.S.No.1397/2012 Even ignoring the certificate it can be concluded that the deceased had sound state of mind at the time of execution of Ex.P.13.

57. The key principle in interpreting a Will is to give effect to the testator's wishes. Regardless of how clumsily worded a will may be, the court aims to understand the true intention of the testator from the language used in the document, ensuring that the testator's wishes are carried out. As discussed herein above, on plain reading of the Will marked at Ex.P.13 the intention of the testator to bequeath the property to the plaintiff is clear and unambiguous. It is vehemently argued by the counsel for the defendant that the deceased was a chronic alcoholic and suffering from severe Hepatic Encephalopathy and therefore, he could not have executed the Will in question. Hepatic Encephalopathy is an altered level of consciousness as a result of Liver failure. Its onset may be gradual or O.S.No.1397/2012 sudden. Hepatic Encephalopathy is brain dysfunction caused by liver dysfunction. Hepatic means liver related. Totally it is decease of the brain especially one involving alterations of brain structure. Even on careful perusal of the discharge summaries marked at Ex.D.14 to 16 it could be seen that since the patient recovered from the decease he discharged from hospital with an advise of follow-up treatment. No doubt, Ex.P.14 discloses that he was admitted in the St.john's hospital from 05/08/2009 to 09/08/2009. Ex.D.15 discloses that he was hospitalized from 17/08/2009 to 23/08/2009. Similarly, Ex.D.16 the discharge summary would go to show that the testator was admitted in the hospital from 05/09/2009 to 09/09/2009. Merely because the testator was admitted in the hospital for a few days, it cannot be presumed the absence of sound state of mind that too in the absence of cogent and corroborative evidence to that effect.

O.S.No.1397/2012

58. It is suffice to discuss here the evidence of DW.2 Dr. Mallikarjun. In the examination in chief he has deposed as to the admission and discharge of the deceased Saindran. He deposes that as per Ex.D.14 to 16 the patient was discharged as he was recovered from Encephalopathy. He also stated that when the patient is suffering from Encephalopathy he will not have judgmental power, once he get recovered he will be normal. He was subjected to lengthy cross examination by the counsel for the defendant. In the course of cross examination dated 05/10/2023 the counsel for the defendant himself made a suggestion to the effect that as per Ex.D.14 at the time of discharge of the M.Saindran Hepatic Encephalopathy got improved thus the patient was discharged. Combined reading of Ex.D.14 to 16 makes it clear that Encephalopathy is infrequent one.