BHOGI SOMESWARA RAO Vs. KOKI DEEPA

JUDGEMENT

(1.) The respondents 1 to 4 filed O.S. No.5 of 2003 in the Court of Senior Civil Judge, Srikakulam, against the petitioner and his father, the 5th respondent, claiming damages against them. The 1st respondent is said to have been proposed for marriage with the petitioner herein. But the marriage did not materialise. Petitioner and his father, the 5th respondent, filed O.S. No.8 of 2001 in the Court of Additional District Judge, Srikakulam, claiming damages against respondents 1 to 4, on account of breakdown of the marriage. The petitioner is also said to have filed a complaint in C.C.No.238 of 2001 against the respondents 1 to 4, and it is said to have resulted in acquittal. O.S. No.5 of 2003 is filed by respondents 1 to 4 herein, claiming damages, on account of malicious prosecution.

(2.) On behalf of the petitioner herein, his mother filed an application under Order 32 Rule 3 C.P.C. with a prayer to permit her to act as guardian. She pleaded that the petitioner is of unsound mind and, in fact, respondents 1 to 4 have accused him of peculiar character and unstable nature. The application was resisted by respondents 1 to 4. Through its order dated 26-8-2003, the trial Court dismissed the application. Hence, this revision.

(3.) Sri K.V. Subrahmanya Narusu, learned Counsel for the petitioner, submits that respondents themselves accused and branded the petitioner herein, of being peculiar character and unstable nature and, in fact, he is undergoing treatment with a Psychiatrist. He contends that the trial Court dismissed the application by drawing certain inferences, which run contrary to the record.