ANURADHA JHA Vs. SANTOSH SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order dated 15th January, 2008 passed by the learned Single Judge. The appellant, who is defendant No. 1, is aggrieved by the said order as according to her, the person who is appointed as guardian ad litem of the defendant No. 2/respondent No, 4 herein could have interest adverse to the interest of the said person of unsound mind. Counsel for the plaintiffs (respondents herein) is also present in court. We have also heard her.

(2.) AFTER hearing counsel appearing for the defendant No. 1 - appellant we find that the contention raised in this appeal pertains to the order of the learned Single Judge appointing the defendant No. 5/respondent No. 7 herein, being the elder sister of the defendant No. 2, as guardian ad litem for the purpose of the present suit;

(3.) THE suit is instituted by the plaintiffs - respondents in which an application is also filed by the plaintiffs - respondents seeking appointment of guardian of the defendant No. 2 on the ground that the said defendant No. 2 is mentally infirm and is of unsound mind and that he is incapable of protecting his interests in the present case. The said, application was opposed by the appellant - defendant No. 1 and also by the defendants No. 7 to 9 being respondents No. 9 to 11 herein. In view of the objections taken, the said defendant No. 2 was got examined by the Medical Board. In fact the defendant No. 2 was examined twice by the Medical Board and two reports have been submitted. Both the aforesaid reports of the Medical Board are consistent in nature and they establish that the defendant No. 2 is suffering from schizophrenia residual type and that he is incapable of taking care of himself and defending the present litigation pending against him. The appellant did not dispute before us the aforesaid reports submitted by the Medical Board. The only submission that is sought to be made is that the stand being taken on behalf of the defendant No. 2 is adverse to his interest.