JUDGMENT

1. This appeal is filed challenging the order dtd. 15/9/2021, passed on I.A.No.10 in O.S.No.202/2017, on the file of the LXI Additional City Civil Sessions Judge, Bengaluru City (CCH-62), allowing I.A.No.10 filed under Sec. 50(1), (4) of the Mental Health Act, 1987 ('the Act for short) read with Sec. 151 of CPC for appointment of psychiatrist who is expert in the field to ascertain the mental capacity of the plaintiff and to submit the report.

2. The factual matrix of the case of the plaintiff is that the suit is filed for the relief of declaration to declare that all the acts done by defendant Nos.1 and 2 i.e., selling of the property of unsound mind plaintiff without seeking any permission from the Court or appointment of guardian as null and void. The plaintiff also interalia filed I.A.No.10 under Sec. 50(1) and (4) of Mental Health Act, 1987 read with Sec. 151 of CPC praying the Court to appoint a Senior Psychiatrist or a Psychologist an expert in the field to assess the mental condition of the plaintiff and call for report. In support of the application, an affidavit is sworn to by the next friend that the plaintiff is the son of M.R. Krishnaswamy Iyengar and Jaya Kris