Mukundakam Sharma, C.J.

CM No. 3166/2008 (exemption)

Allowed, subject to just exceptions.

FAQ(OS) No. 105/2008 & CM 3165/08, Cav. 68/08

1. This appeal is directed against the order dated 15th January, 2008 passed by the learned Single Judge. The appellant, who is defendant No. 1, is aggrieved by the said order as according to her, the person who is appointed as guardian ad litem of the defendant No. 2/respondent No, 4 herein could have interest adverse to the interest of the said person of unsound mind. Counsel for the plaintiffs (respondents herein) is also present in court. We have also heard her.

2. After hearing counsel appearing for the defendant No. 1 - appellant we find that the contention raised in this appeal pertains to the order of the learned Single Judge appointing the defendant No. 5/respondent No. 7 herein, being the elder sister of the defendant No. 2, as guardian ad litem for the purpose of the present suit;

3. The suit is instituted by the plaintiffs - respondents in which an application is also filed by the plaintiffs - respondents seeking appointment of guardian of the defendant No. 2 on the ground that the said defendant No. 2 is mentally infirm and is