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2001 DIGILAW 604 (MP)

Devchand v. Premchand

2001-08-16

S.B.SAKRIKAR

body2001
Short Note Applicant/plaintiffs have directed this revision against the order dated 19.1.2001 passed by 1st Civil Judge. CI. II. Ratlam in C.S. 78-A/2000, thereby directing applicants to appoint some competent person to act as next friend of plaintiff No. I Deochand, who happens to be deaf and dumb. Considering the submissions of the learned counsel and on perusal of the provisions of O. 32. CPC as also the relevant provisions of the Evidence Act, it emerged that a deaf and dumb person cannot be considered to be an incompetent witness or a person incompetent to file a suit under the provisions of CPC. Provisions of O.32 of CPC apply only in case of a suit, if it is filed by or against the minor of a person of unsound mind. A person, who is deaf or dumb does not fall under the aforesaid category. Learned trial Court exceeded its jurisdiction in directing the plaintiffs to appoint some next friend on behalf of the plaintiff No. I Deochand, who is neither a minor nor a person of unsound mind. In view of the aforesaid facts the impugned order passed by the trial Court is illegal and deserves to be quashed exercising powers under S.115, CPC. Revision petition is accordingly allowed. No order as to costs.