1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 7050/2008 Santosh Kumar & Another Versus The Court of Civil Judge (J.D.) & Others Date of Order :: 29th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Manu Bhargava with Mr. Pankaj Jain for the petitioners BY THE COURT: Heard learned counsel for the petitioners. 2. This writ petition on behalf of defendant nos. 1 and 2 is directed against the impugned order dated 10th July, 2008 passed by the trial court, whereby an application filed on behalf of defendant no.1 under Order 32 readwith Section 151 CPC for appointment of guardian-ad-litem for defendant no. 2 has been rejected. The learned counsel for the petitioners contended that defendant no. 2 was of unsound mind, therefore, it was necessary for the trial court to appoint guardian-ad- litem on his behalf. The trial court committed 2 an illegality in rejecting their application. 3. I have considered the submissions of learned counsel for the petitioners in the light of reasons assigned by the trial court for rejecting the application. The trial court has observed that from the medical report placed on record, it is not clear that defendant no. 2 Praveen Kumar is of unsound mind. He was being represented earlier by an advocate and he is pleading his case carefully. It appears that a suit for eviction was filed by plaintiff–respondent no.2 against defendants –petitioners as well as respondent no.3 and the only purpose for filing the present application appears to be to delay the proceedings. 4. I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same. There is no merit in this writ petition and the same is, accordingly, dismissed. (NARENDRA KUMAR JAIN),J. DK