HARJINDER SINGH Vs. NACHHATTAR KAUR

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated March 2, 1990, whereby the application for amendment of the plaint was allowed and Court guardian was appointed for Atma Singh, defendant on the basis that he was of unsound mind.

(2.) The learned counsel for the defendant-petitioner submitted that the trial Court without holding an enquiry as contemplated under Order 32 rule 15, Code of Civil Procedure, has ordered the appointment of the Court guardian which was illegal and thus the Court had acted illegally and with material irregularity in the exercise of its jurisdiction.

(3.) After hearing the learned counsel, I find merit in this contention.