HARVINDER KUMAR KALIA Vs. VINOD KUMAR & OTHERS

JUDGEMENT

(1.) Plaintiff No.1 has filed this revision petition under Article 227 of the Constitution of India assailing order dated 06.02.2012 Annexure P-1 passed by the trial Court thereby allowing application moved by respondent No.1 Vinod Kumar under Order 32 Rule 15 of the Code of Civil Procedure (in short, CPC).

(2.) Petitioner No.1 and proforma respondent no.8 have filed suit against respondents No.2 to 7 as defendants besides Asha Rani as defendant No.3 but Asha Rani is said to have since died. Sunita Ranirespondent No.4 is defendant No.4 in the suit. Her husband Vinod Kumar respondent No.1 herein (not party to the suit) filed application under Order 32 Rule 15 CPC for appointing him as Court guardian of his wife Sunita Rani-defendant No.4 alleging that defendant No.4 is of unsound mind and is lunatic and is unable to defend the suit herself. The application was opposed by the plaintiffs who denied the aforesaid averments. Various other pleas were also raised.

(3.) After recording evidence led by both the parties, learned trial Court vide impugned order Annexure P-1 has allowed the application moved by respondent No.1 and has allowed respondent No.1 to defend the suit on behalf of defendant No.4. Feeling aggrieved, plaintiff No.1 has filed this revision petition.