GANESH PRASAD DASH Vs. TILOTTAMA DASH

JUDGEMENT

(1.) HEARD .

(2.) ON consent of the parties, this writ petition stands disposed at the stage of admission.

(3.) LEARNED counsel for the petitioner states that admitted fact on record is that Defendant Nos. 2 and 3 are persons of unsound mind, they are his elder brothers as well as the elder brothers of the plaintiffs/opp.party members, they are residing with defendant No. 1/petitioner under the same roof and under his care and protection. When the matter stands thus, the approach of the Court below to the provision of law under Order 32, Rule 15 read with Rules 3 and 4, C.P.C. is not only erroneous, illegal and unjust but also detrimental to the interest of defendant Nos. 2 and 3.