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1998 Supreme(All) 1420

SUDHIR NARAIN
KHOKHA RAI – Appellant
Versus
XII ADDL. DISTRICT JUDGE, ALLAHABAD – Respondent


Advocates Appeared:
A.M.LAL

SUDHIR NARAIN, J.


( 1 ) THIS writ petition is directed against the order dated 30-7-1998 rejecting the application filed on behalf of the petitioner to appoint next friend of the petitioner as he is of unsound mind and the order dated 21-10-1998 dismissing the Revision against the aforesaid order.

( 2 ) BRIEFLY stated the facts are that respondent No. 3 filed a suit for recovery of arrears of rent, ejectment and damages against the petitioner, Khokha Rai. The petitioner filed a written statement in the suit admitting various facts stated in the plaint. Subsequently he filed an application alleging that he had engaged Ram Bahadur Singh, Advocate who colluded with the plaintiff and got a wrong written statement filed jeopardising his interest. He is almost an illiterate person and he only puts his signatures on the papers. The trial Court rejected this application disbelieving his version. The revision preferred against this orderwas dismissed. He filed a writ petition in the High Court which was also dismissed.

( 3 ) THE wife of the petitioner, thereafter, filed an application under Order 32, Rule 15, C. P. C. stating therein that her husband Khokha Rai, was totally upset by the fact










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