ADAR BARAD Vs. NILAKANTHA MOHANTY

JUDGEMENT

(1.) THIS writ application is directed against the order dated 12.12.2005 passed by the learned Civil Judge (Junior Division), Khandapada in C.S. No.17 of 2003 rejecting the petition filed by the plaintiff -petitioner under Order 32, Rule 15 of the Code of Civil Procedure.

(2.) THE suit had been filed through the next friend of the petitioner challenging the validity of execution of sale -deed bearing No.2140 dated 22.11.2002. It was the case of the next friend that the plaintiff -petitioner is a deaf, dumb and unmarried lady and is also of unsound mind. During pendency of the suit an application under Order 32, Rule 15 of the C.P.C. was filed by the next friend stating therein that the plaintiff -petitioner has not been adjudged to be of unsound mind and she is unable to safeguard of her own interest in the suit. It is also alleged in the petition that the plaintiff has been kept away by the defendant and is not within the control of the next friend and therefore an enquiry is required to be made in that regard and the plaintiff is required to be examined in the Court. Objection was filed by the defendant -opposite party stating therein that earlier an application under Section 151 of C.P.C. was filed by the next friend for sending the matter to the Court of the District Judge, Puri to determine/adjudicate as to whether the plaintiff is of unsound mind or not and the said petition has been rejected. After rejection of the said petition, this application under Order 32, Rule 15 C.P.C. has been filed for the self -same purpose. Learned Civil Judge in the impugned order rejected the application solely on the ground that on earlier occasion the same prayer had been turned down.

(3.) ORDER 32, Rule 15 of the Code of Civil Procedure provides as follows :