The first defendant is the petitioner. The relevant facts necessary for purposes of this case may be summarised as follows. The first defendant filed I.A. No. 374 of 1962 in the Court of the Subordinate Judge, Tirunelveli, under Order 3, rule 1, Order 32, rule 15, Order 26, rule 1, and section 151, Civil Procedure Code’ for the examination of the first plaintiff by a medical expert to ascertain his mental condition and to find out whether he is capable of managing his affairs. Apparently this application was taken by the first defendant with the object of appointing a next friend or guardian to the first plaintiff under Order 32, rule 15, Civil Procedure Code. This application was opposed by the first plaintiff and his brother the second plaintiff. In the counter filed, the first plaintiff avers that “the plea that he should be represented by a next friend is a malicious one and that it is not bona fide”. He has also produced their family doctor’s certificate to show that the allegations of the first defendant are false. In the main, the first plaintiff’s contention is that there is no mental infirmity in him and that he is capable of managing his affairs or that of the