Kamlabai wife of Kalyanmal filed a suit for recovery of arrears of rent on the allegation that her husband Kalyanmal was a person of unsound mind and therefore, she was entitled to file the present suit as his next friend.

Held : A person who is characterized as suffering from mental infirmity or unsoundness of mind cannot be taken for granted as one who should be represented by a next friend and a proper inquiry with the assistance of the medical experts is called for and when the unsoundness of the mind of the plaintiff is disputed, Order 32, rule 15 CPC postulates an enquiry. Admittedly in the present case, Kalyanmal never appeared before the trial Court nor was he produced there so that the trial Court could also observe his mental condition. Besides, though it is in evidence that he was given medical treatment for that ailment, no doctor has been examined nor any other material has been placed on record to indicate that he was being treated for that ailment. The only oral evidence is that of Kamlabai (P.W.1) and Rameshchandra (P.W.2). Their evidence only shows that Kalyanmal was at best whimsical which is also the finding of the trial Court. Thus it has not been sat