Jaswant Singh, J. - (1.) BY filing the instant revision petition under Article 227 of the Constitution, Petitioner has prayed for setting aside the impugned order dated 15.12.2010 (P.1) passed by learned Civil Judge (Jr. Division), Amritsar whereby his application under Order 32 read with Section 151 Code of Civil Procedure for appointing him as next friend/guardian of his mother Smt Romesh Bhaskar -Plaintiff/Respondent No. 5 has been dismissed.
(2.) BRIEF facts of the case are that the Plaintiff -Respondent No. 5 filed a civil suit No. 395 dated 21.7.2007 for separate possession by way of partition of 1/4th share in the suit property as described in the head note of the plaint against Defendants -Respondent Nos. 1 to 4. During the pendency of the suit, present Petitioner filed an application under Order 32 read with Section 151 Code of Civil Procedure for appointing him as next friend/guardian of the Plaintiff -Respondent No. 5. Notice of the same was issued. Upon notice, application was contested by the Plaintiff -Respondent No. 5 raising preliminary objections that the Petitioner is having no locus standi to file the application. It was further submitted that she (Plaintiff) is in sound disposing mind and is in a perfect mental condition. After hearing both the sides, the application was dismissed by the learned trial Court. Hence, the present petition.
(3.) HEARD learned Counsel for the Petitioner and perused the paper book.;