S.S.SANDHAWALIA, J.

1. Whether a party to the suit has the right to put the soundness of mind of the opposite party (not already adjudged to be of unsound mind) in issue and claim an enquiry therefor under O.35 R.15 of the Civil P.C. is the somewhat ticklish question arising in this civil revision, which has necessitated this reference to the Division Bench.

2. The facts are not in serious dispute. The plaintiff opposite party had instituted the title suit for partition of her one-fourth share in the suit properties, wherein she later brought an application for an injunction. It would appear that a detailed show cause was filed on behalf of the defendant petitioner against the said application and in paras 33, 34 and 35 thereof a stand was sought to be taken that the plaintiff had lost her mental powers and was unable of protecting her legal interests and, therefore, the suit should have been brought by her next friend. Later a cryptic application purporting to be under O.32 R.15 of the Civil P.C. was brought on behalf of the defendant petitioner claiming that unless an enquiry is made with regard to the mental capacity of the plaintiff the suit could not proceed any furthe