ORDER :

Arijit Pasayat, J.

Heard learned counsel for the parties.

2. During the hearing of the transfer petition, we had requested Dr. S.P. Agarwal, retired Director of Health Services to find out the mental state of health of the petitioner since there was a dispute regarding the state of health of the petitioner. The report of Dr. Agarwal and Dr. Padma has been filed. The impression gathered by the doctors is as follows:

"Maharaja Sawai Tej Singh's recent memory, recall, calculation, writing are impaired. Overall mental state of health is impaired. This impairment could be explained by various causes including prior stroke and advanced age of 95 years."

3. Considering the report of the doctors, we feel it would be appropriate if a guardian ad litem is appointed for the petitioner. For this purpose, we request the Rajasthan High Court to appoint a guardian ad litem for the petitioner keeping in view his best interest. We dispose of the transfer petition accordingly. We make it clear that if guardian ad litem to be appointed feels that any further steps have to be taken in the suit concerned, it shall be open to him to do so. We express no opinion about that.