BHARAT BHUSHAN PARSOON, J. - (1.) THIS revision petition is directed against order dated 1.2.2010 vide which application of the petitioner through his next friend Gurmit Singh to institute the suit as his next friend was dismissed. Order dated 16.2.2010 has also been challenged whereby the plaint was rejected having not been signed by the plaintiff or his counsel.
(2.) TO understand the dispute between the parties, brief resume of the facts, as far as relevant to the matter under adjudication, is necessary.
(3.) AMARJIT Singh claiming himself to be of unsound mind/lunatic had filed a suit against Smt. Sukhminder Kaur, Jaswinder Kaur, Baljinder Singh, Beant Singh and Surjit Singh wherein application was moved by Gurmit Singh as his next friend for seeking permission of the court to institute the said suit as next friend of the plaintiff. Said application of Gurmit Singh as next friend of Amarjit Singh was dismissed holding that Amarjit Singh was a person of sound mind. Thereafter, the plaint was rejected since it was neither signed by the plaintiff nor by his counsel. Plaintiff owns sufficient property. Once he is found to be of unsound mind or lunatic, steps in law have to be taken to protect his person and property. It is a serious matter. Perusal of the impugned orders reveals that these did not engage the deserved attention of the trial court. Merely because in some earlier case without holding any inquiry, he was taken to be a person of sound mind or on some document his thumb impression is available as an attesting witness, would not make him of sound mind.;