SURINDER KAUR Vs. SARDAR RAJDEV SINGH

JUDGEMENT

(1.) By this order, I would bs disposing of IA No. 7974/99 moved by the plaintiffs under Order XXXII Rule 3 read with Section 151 CPC. The plaintiffs pray that a medical board be constituted to determine the alleged mental infirmity and incapacity of defendant No. 1 and after being satisfied with medical report a guardian be appointed to represent defendant No. 1 in the case. Reply to the said application has been Filed by the defendants.

(2.) Before noticing the pleadings and the respective contentions of the parties and the submissions made bycounsel, it would be appropriate to notice the salient facts and circumstances in which this application has come to be made by the plaintiffs in the present suit.

(3.) The plaintiffs instituted the present suit inter alia for declaration, permanent injunction etc. seeking to restrain the defendants from dispossessing the plaintiffs) from the estate and the building bearing municipal No. 124, Ganja, New Delhi comprising Hotel Imperial in August, 1999. Defendant No. 4 i.e. Bibi Amrit Kaur, as a plaintiff, had also instituted a suit for permanent injunction in June 1999, bearing No. 1306/99 against the defendants in the present suit. Bibi Surinder Kaur, Bibi Gobinder Kaur and Bibi Amarjit Kaur, were also arrayed as defendants. A restraint was sought in the said suit against defendants 1 to 3 from dispossessing the plaintiffs and other partners from the premises Hotel Imperial.