GANGADHARA RAO, J.

( 1 ) THE plaintiff. Nedduri Konda Reddy, is the petitioner. He filed the suit. O. S. No. 68/1975 against the defendant. Maddirala Chennaiah, for a specific performance on the foot of an agreement of sale. The defendant was set ex parte. Then he filed an Interlocutory Application to set aside the ex parte decree with a petition to condone the delay and it is pending. While so. his wife, Yogamnia filed a petition under Order 32. Rule 3 C. P. C. to appoint her as the guardian of the defendant on the around that the defendant was suffering from congenital mental Infirmity and now he had become completely demented, incapable of taking care of his interests. The plaintiff filed a counter stating that the defendant was not mentally infirm, he had received summons in the suit, filed an application to set aside the ex parte decree, and the present application was filed only to defeat the decree and the execution proceedings. The learned Subordinate Judge, Markapur, allowed the application holding that the defendant was incapable of protecting his interests by reason of his mental infirmity and appointed his wife to be the guardian ad litem. Questioning that Order the pla

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