( 1 ) THIS is a petition under Section 115 of the Civil Procedure Code, to revise the order of the learned Subordinate Judge Nellore, on I. A. No. 449 of 1959 in O. S. No, 73 of 1959 on his file. That application was filed under Order 32, Rule 15 of the Code of Civil Procedure to adjudge that the plaintiff is of unsound mind, and as such incapable of protecting his interests, and to appoint his daughter, Pelluru Rangamrna, as his next friend.

( 2 ) THE relevant facts may briefly be stated. O. S. No. 73 of 1959 was filed by one Duvvuri Rami Reddi, Who was described as being of unsound mind, and represented by next friend and daughter, Pelluru Rangamma, for a partition of the properties set out in Schedules A to E into two equal shares, and allotment of one such share to the plaintiff, and for future profits and other reliefs.

( 3 ) IT was alleged in the plaint that the plaintiff and the first defendant are brothers and sons of one Ranga Reridi. The plaintiff has no sons, and has five daughters, viz. , plaintiffs next friend, and defendants 2 to 5. The joint family of the plaintiff and the first defendant owned extensive properties consisting of cultivable wet and dry