ORDER :

What is the scope of 'enquiry' as contemplated under Rule 15 of Order XXXII CPC is the main question came up for consideration. A suit was instituted by a mentally unsound person, through a next friend, as mandated under Order XXXII CPC. During the pendency of the suit, the original plaintiff, the alleged mentally ill person, came up with an application in I.A.No.2245/2014 expressing his non-willingness to proceed with the suit. Thereon, the trial court conducted an 'enquiry' as to the mental capacity, by putting certain questions to the person who was present in court and recorded the same along with the answers given and found that certain answers were not rational, hence found that he is incapable of doing his affairs due to mental incapacity. Consequently, the application was dismissed. It is against that order, the first defendant came up in revision.

2. In order to bring up a suit under Rule 15 of Order XXXII CPC, there should be an enquiry as mandated, as to find out the alleged mental infirmity and incapacity to protect the interest of any person, who put the law in motion through next friend or a court guardian. The appointment of a court guardian or grant of permiss