RADHEYSHYAM Vs. MAHANT GHANSHYAM DAS

JUDGEMENT

(1.) The petitioner-applicant (hereafter 'the applicant'') is aggrieved of the order dated 19-7-2019 passed by Additional Civil Judge No.26, Jaipur Metropolitan Head Quarter Sanganer in an eviction suit filed in 1993, dismissing his application under Order 32 Rule 15 read with 151 CPC for appointing him as guardian ad litem of his father Radheyshyam defendant No.1 in the suit.

(2.) The facts of the case are that in 1993 the respondent-plaintiff (hereafter 'the plaintiff') filed a suit for eviction and recovery of rent against four defendant tenants since 1976. Written statement of denial was filed, issues were framed and evidence of the plaintiff was recorded. The case is presently, after 26 years, at the stage of defendants' evidence.

(3.) The applicant on 19-7-2019 moved under Order 32 Rule 15 read with 151 CPC for his father defendant No.1 Radheyshyam being represented by him for reason of his disability to properly defend himself in the eviction suit for reason of his being 85 years of age and debilitation by chronic illnesses. Medical report of the defendant No.1 being a heart patient and suffering from diabetes were also placed on record.