Madhavan Nair, Officiating C.J.

1. The main question in this appeal is whether the suit has been properly instituted on behalf of the plaintiff Venkatanarasimha Bhattachari by his next friend, his wife. Her case as the next friend is that her husband is mentally deficient, is not able to look after his affairs and is incapable of protecting his interests. The relief asked for is the revocation of the power-of-attorney granted by him to the defendant. It is argued on behalf of the defendant that the next friend has no right to institute the suit, and that it should be dismissed. It was dismissed by the trial Judge on that ground, but this decision was set aside by Venkataramana Rao, J., who came to the conclusion on the evidence that the plaintiff was incapable of protecting his interests when suing or being sued.

2. There is ample evidence on record in support of the learned Judges conclusion. On a previous occasion this Court treated the plaintiff as one under disability within the meaning of Order 32, Rule 15 of the Code of Civil Procedure (see Ex. G). That rule says that the provisions contained in Rules 1 to 14 so far as they are applicable shall extend to persons adjudge