( 1 ) THE question before the Court is whether a guardian ad litem should be appointed for Respondent no. 4, namely, Shri Brahm Prakash Goel, who has filed IA no. 9693/1999 invoking the provision of Order XXXII Rules 3 and 15. It has been prayed that the Wife of Shri Brahm prakash, namely, Mrs. Meena Goel be appointed as his guardian ad litem. The first thing to be noticed is that this application has been proffered after a passage of over one decade since the filing of Probate Petition no. 10/1987. It may also be recorded that Shri Brahm prakash had earlier filed IA No. 10110/1998 praying that he be permitted to withdraw his No-Objection to the grant of Probate.

( 2 ) A person may not be adjudged as of unsound mind yet the Court may nevertheless consider it appropriate to appoint a guardian ad litem under Order XXXII Rule 15. However, the Court is not bound to make a rigorous or formal inquiry as contemplated by the Lunacy Act, and is competent to pass an order as soon as it is satisfied as to the party s mental competence. There is a vast difference between mental unsoundness and incapacity by reason of mental infirmity, the latter being of a lesser degree. The