R.K. Deshpande, J.

1. Rule made returnable forthwith. Heard the matter finally by consent of the learned Counsels appearing for the parties. The challenge in this petition is to the order dated 20th February, 2014, passed by the learned Joint Civil Judge, Junior Division, Washim, below Exh. 1, in M.J.C. No. 15/2013. It was an application for recall of the order dated 24th August, 2012, passed by the trial Court, permitting the original plaintiff No. 1, who is the petitioner No. 1 in this petition, to withdraw the Regular Civil Suit No. 63 of 2010. Hence, the original plaintiff No. 1 is before this Court as petitioner No. 1 and the petitioner No. 2 - Ashok Daulatrao Gorey, claims to have filed this petition as a next friend of the petitioner No. 1 who is alleged to be suffering for mental illness of unsound mind. The respondent is the original defendant.

2. The facts of the case are as under.

Regular Civil Suit No. 263 of 2010, was filed on 30th December, 2010, by the petitioner No. 1 (original plaintiff No. 1), Smt. Veena Dilip Gorey and one Smt. Shakuntalabai Doulatrao Gorey, the mother-in-law of the petitioner No. 1, claiming herself to be the next friend of the petitioner N