ORDER:— This petition has been filed against an order in I.A. No. 483 of 1976 in O. S. No. 149 of 1975 on the file of the Subordinate Judge, Erode That I. A. came to be filed by the 1st defendant for her appointment as the guardian of the 3rd defendant, who, though a major, was stated to be of unsound mind. There was no counter filed and when the matter came up for final orders the learned Subordinate Judge by his order dated 28th April, 1976 cryptically observed:

"The 3rd defendant appeared in person on 17th April, 1976. I found him on examination as a man quite sane. Hence, I do not find that the petition is maintainable. Petition is dismissed."

The unsuccessful applicant has now come forward with the present revision.

2. The learned counsel for the petitioner contended that the Court below was wrong in passing the Order in the manner it did. It was also submitted that a regular judicial enquiry as to the lunacy or insanity should have been conducted and conclusion arrived at on that basis.

3. For this purpose, my attention was drawn to three decisions. The first one is Ramanathan v. Somasundaram, 1 wherein after the final disposal of the suit by the appellate Court, the major defend

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