JUDGMENT

The original petition is filed to set aside the order in I.A.No.8/2021 in O.S.No.59/2020 (Exhibit P4) of the Court of the Subordinate Judge, Palakkad.

2. The petitioner’s case, in a nutshell, in the memorandum of the original petition, is that, he is the second plaintiff in Exhibit P-1 suit, which is filed by him as the next friend of his mentally disabled sister – Metty Jose – the 1st plaintiff. They have sought a decree to declare that a trust is created in respect of the plaint schedule property by a will deed executed in favour of Metty Jose. The respondents 2 to 4 – the siblings of the petitioner are and the defendants in the suit – have filed their written statement. After formulation of the issues in the suit, the petitioner was directed to remit the balance court fee. However, due to his financial stringency, he could not pay the amount. In the meantime, the first respondent – a third party to the suit and the elder sister of the parties – filed Exhibit P -2 application to remove the petitioner from the office and status of the next friend of Metty Jose and appoint her in his place because the petitioner is not competent to protect the interest of the Metty Jose and