Please specify whether your uncle has any family consisting of wife,son and daughter?
The answer is necessary to put our legal opinion to your questions.
Limitations act and rights of Mentally Challenged person
My one uncle is Mentally Challenged person since 1970. A case filed by me before District Court for being Gaurdian and Legal Manager is pending under the Mental Health Act, 1987 since 2015. Judgement is pending. Now, without legal manager, can any person file a suit to Civil court for permanent injunction and cancellation of illegal agriculture land revenue entry cancellation. Whether limitation act will become a barrier or not ?
Asked 3 years ago in Constitutional Law
16 Answers
You cannot file suit on behalf of mentally challenged person as you are not his guardian
My uncle is unmarried. In absence of Gaurdian, what is immediate remedy for permanent injunction to avoid further damage.
Asked 3 years ago
Permanent injunction for what ? Where? with whom?
Dear Sir/Madam,
You are suggested to submit an application of intervene and implead yourself as the interested party in the case and submit the correct facts so that any adverse orders can be prevented.
Request court for expedited hearing of your petition
take the plea that his property is being alienated and since you are not guardian you cannot take legal proceedings
1 . Without knowing the cause of action of the said suit I can not say whether the suit is barred by law of Limitations or not.
2. Now the plaintiff may not know whether the defendant is mentally fit or not. If he is not then his next friend can apply to represent the mentally disabled person as his court appointed guardian.
3. So file application and seek deferment of injunction hearing toll appointment of his next friend in the said suit.
Yes you can file. If you get limitation as barrier you should say you got knowledge delayed
If you have been appointed as legal guardian/manager to the mentally challenged person, then you can proceed with the proposed case even now.
Without the court appointment order, you may not be eligible to file any such case.
You have already approached court with a petition seeking court guardian appointment.
Since he is mentally challenged, the court has to pass an order for this after which you can take legal action in that capacity.
Until then there is no legal remedy for this.
- As per law, even a trespasser can approach the court for Permanent injunction , hence being the relative you can file an injunction application before the court , if anyone illegally trying to grab your uncles property.
- But , without being declared the guardian of him , you cannot file a declaration suit for the cancellation.
How come suit to appoint guardian went so long when there may be no objection. Limitation issue certainly will come but may condone by court. Due to long delay to appoint guardian.
You should have obtained interim relief from court to permit you to act on behalf of uncle till court decides the suit.
Try to file suit on his behalf with the leave of court.
Yes, permanent injunction can be filed.
1. No, if a suit is to be instituted against mentally challenged person then it shall be through his legal representative or next friend.
2. Yes limitation act be considered for dismissing of suit.
injuctions are can be granted only on the merits at the conclusion of the trail after hearing both the parties to the suit.
A person may file a case against him. In the absence of a guardian he would have to defend himself. You should expedite your case.
File a vakalatnama on his behalf stating before the court to let the guardianship issue be decided beforehand and then decide the injunction.