Law: Civil Procedure Code (V of 1908)

Section: 11 , 15

Law: Lunacy Act, (IV of 1912)

Section: 62

Law: Qanun-e-Shahadat (10 of 1984)

Section:

  Civil Procedure Code (V of 1908)-- ---- 0.XXXII,, Rr.1 & 15 --- Contract Act (IX of 1872), Ss.11 & 15 --- Sale of land through a registered sale-deed --- Seller, through his next friend filed a suit, claiming possession of the land alleging that the sale was void as he was not a person of sound mind --- Both the Courts below had relied on oral evidence produced by the parties and found that he was a person of unsound mind-- Contention was that it was incumbent upon the Court to have itself questioned the person concerned and also have him medically examined by a Board of Specialists --- H "I, in an inter parties dispute, it was for the parties to prove their cases by leading sufficient evidence and it was not the duty of Court to examine the person itself or to have him medically examined. [pp. 234,235] A & B Lunacy Act (IV of 1912)-- ---- S.62 --- Civil Procedure Code (V of 1908), OXXXII, R. 1 --- Question of person being of unsound mind --- Scope of proceedings under the Lunacy Act, 1912 and those arising out of a civil suit is entirely different---Distinction outlined. The scope of two proceedings one under the Lunacy Act, 1912 and the other arising out of a civil suit is entirely different. In matters brought before the Court under the Lunacy Act, 1912, the Court acts in locus parcntis and lis strictly speaking, is not inter parties. In these proceedings if sufficient evidence is not brought on record, it becomes the duty of the Court, acting as guardian of the lunatic to take all possible measures to protect his interest. However, in an inter parties dispute, it is for them to prove their cases by leading sufficient evidence. [p. 2341 A Civil Procedure Code (V of 1908)--- ---- 0. XXXII, R.15 --- Contract Act (IX of 1872), S.11 --- Person of unsound mind ---Feeble mindedness and insanity --- Distinction. Clearly, there is a distinction between the feeble-mindedness and insanity but if feeble-mindedness or low intelligence quotient is to such an extent that the person   concerned is unable to understand or manage his affairs he is an imbecile and, therefore, a person of unsound mind. [p. 2301 C Mst. Jamila Begum v. Awamun Nas…