MANOHARI Vs. SUGUNATHALAKSHMI

JUDGEMENT

(1.) The above application has been filed for setting aside the order dated 21.01.2020 in and by which this Court has permitted N.Dillibabu to act as a next friend of K.Dillibabu, the 2nd defendant in the above suit. It is necessary to briefly touch upon the facts which have preceded the filing of this application.

(2.) The respondents 1 to 6 herein had filed the suit C.S.No.552 of 2019 against the applicant and the 2nd defendant who though not described as a person of unsound mind either in short or long cause title, is in the body of the plaint described as a person suffering from severe intellectual disability. The suit is filed for a partition and separate possession of the plaint schedule properties by allotting 1/6th share each to the plaintiffs 1 to 3 and a 1/18th share each to the plaintiffs 4 to 6.

(3.) The suit has been filed on 06.09.2019 and thereafter an application in A.No.9502 of 2019 has been filed by the named guardian of the 2nd defendant for permitting him to act as a next friend of the 2nd defendant for contesting the suit. The applicant herein would contend that the application in A.No.9502 of 2019 has been allowed by this Court without hearing her and that too on the basis of no objection given by the respondents 1 to 6 herein. The applicant would contend that there is a collusion between the plaintiffs, namely, the respondents 1 to 6 herein and the proposed next friend of the 2nd defendant, the 7th defendant herein. A reading of the order would show that the applicant herein was neither heard nor was the counter of the applicant on file. Along with the application for setting aside this ex parte order the applicant has filed the counter.