TIRTHA PRADHAN Vs. BALABHADRA PRADHAN

JUDGEMENT

(1.) This revision is directed against the order dated 4-10-1986 passed by the learned Subordinate Judge, Deogarh under Order 32, Rule 15 C.P.C. allowing Ratnakar Pradhan (O.P. No. 2) to represent Balabhadra Pradhan (O.P. No. 1) as his guardian.

(2.) The petitioners as, plaintiffs instituted Title Suit No. 4/1985 in the, Court of the Subordinate Judge, Deogarh against the O.P. 1 who was more than 90 years of age for partition of certain joint family properties. In that suit O.P. 2 filed a petition to allow him to act as guardian and next friend of O.P. 1 alleging that the O.P. 1 due to his old age was physically and mentally infirm. The petitioners filed objection to this O.P. No. l, after his appearance in Court, was sent to the Sub-Divisional Medical Officer, Daogarh for medical examination. It appears that the Medicine Specialist attached to the Sub-Divisional Hospital, Deogarh examined O.P. No. 1 on 11-7-1986 and on the basis of the opinion further by him, the S.D.M.O., Deogarh sent his medical report to the Court which is as under :-

(3.) In Mayadhar Sarmant v. Birabar Kuanr, 1961 (3) OJD 259 the question as to whether there should be an inquiry or not by the Court concerned under-Order 32, Rule 15 C.P.C. came up for consideration before this Court and it was held thus :-