B.K.NARAYANA, J. - (1.) HEARD Mr. M. A. Khan, learned Senior Advocate assisted by Mr. Virendra Mishra, learned counsel for the appellant and Mr. Deepak Seth, learned coun­sel appearing on behalf of respondents.
(2.) THE appellant Rakesh Kumar Gupta has preferred the present First Appeal From Or­der against the order dated 22-4-2006 passed by the learned Civil Judge ( Sr. Division), Malihabad, Lucknow rejecting the applica­tion A-37 moved by the appellant in regular suit No. 83/01, Ravindra Kumar Gupta and others v. Malti Gupta and others, under Or­der 22, Rule 10, C.P.C., under Order 1, Rule 10 read with section 151 of the Code of Civil Procedure . The facts relevant for disposal of this appeal are that the respondents No. 1 to 4 filed regular suit No. 83/01 against the respondent Nos. 5 and 6 and late Smt. Malti Gupta for a decree of permanent injunction and declara­tion alleging that the plot No. K-473 situate at Ashiyana Kanpur Road, Lucknow ( here­inafter referred to as the 'disputed property') was purchased by the respondent No. 1 in the name of Smt. Malti Gupta. The sale consid­eration for the same was paid from the joint account of Respondent No. 1 and his wife late Malti Gupta. Thereafter for the purpose of construction of a house on the plot so pur­chased a loan for a sum of Rs. 1,55,000/- was obtained by the respondent No. 1 and his wife late Smt Malti Gupta from U.P. Sahkari Avas Sangh Ltd. and the plot in dispute was jointly mortgaged by the respondent No.1 and his wife with the U.P. Sahkari Avas Sangh Ltd. by a mortgaged deed executed on 21-2-1994.
(3.) THE respondent Nos. 1 to 4 have alleged that Smt, Malti Gupta was suffering from mental sickness for the last six years and due to said ailment she left the house of her hus­band on 15-2-2001 without any reason and without informing any member of her family and went to the house of respondent No. 6 and then to the house of respondent No. 5 at Jankipuram, Lucknow which is the residence of her father in law.;