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2006 Supreme(Ori) 578

L.MOHAPATRA
Adar Barad – Appellant
Versus
Nilakantha Mohanty – Respondent


Advocates:
For Petitioner:M/s. Samir Kumar Mishra
For Opp.party:

ORDER

11.8.2006 — This writ application is directed against the order dated 12.12.2005 passed by the learned Civil Judge (Junior Division), Khandapada in C.S. No.17 of 2003 rejecting the petition filed by the plaintiff-petitioner under Order 32, Rule 15 of the Code of Civil Procedure.

2. The suit had been filed through the next friend of the petitioner challenging the validity of execution of sale-deed bearing No.2140 dated 22.11.2002. It was the case of the next friend that the plaintiff-petitioner is a deaf, dumb and unmar¬ried lady and is also of unsound mind. During pendency of the suit an application under Order 32, Rule 15 of the C.P.C. was filed by the next friend stating therein that the plaintiff-petitioner has not been adjudged to be of unsound mind and she is unable to safeguard of her own interest in the suit. It is also alleged in the petition that the plaintiff has been kept away by the defendant and is not within the control of the next friend and therefore an enquiry is required to be made in that regard and the plaintiff is required to be examined in the Court. Objection was filed by the defendant-opposite party stating therein that earlier an application under Sec













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