IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8734 of 2011 CHHEDI YADAV & ORS Versus GULAB PRASAD YADAV & ORS ----------- 16 17.05.2011 Heard Shri G.S. Arora, learned counsel for the petitioners and Shri Promod Mishra, learned counsel for all the respondents. Learned counsel for the petitioner submitted that the order of appointment of the guardian ad litem has been passed without adjudging mental state of the defendant No.9 the vendee- petitioner of the property. Learned counsel Shri Mishra submitted that order with regard to adjudging mental state of the defendant No.9 has been passed. On query of the Court what is the report of the Medical Board, the learned counsel submitted that he has no knowledge about the report. In these circumstances, the trial court is directed to adjudge medically the mental status of defendant no.9 as provided under Order 32 Rule 15. If the same has not been done by the Medical Board which shall include Neuro Physician and Neuro Psychiatrist and after considering the said report, the trial court pass afresh appropriate order in the light of the report. The order impugned dated 16. 09. 2006 passed by Subordinate Judge IVth, Supaul, in T.S. No. 42 of 1999 is 2 quashed. The trial court is directed to proceed afresh in the light of the observation made above, the petition is disposed of. Ravi/- ( Prakash Chandra Verma, j.)