1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5360 OF 2009. ( Sau. Neema M. Bais and another -: versus :- Raghunathsingh L. Rajput ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 17, 2009. Heard Shri O.Y. Kashid, learned counsel for petitioners. Respondent/plaintiff has filed a suit through next friend, claiming person to be of unsound mind. By the impugned order, the trial Court has found it fit to examine him by putting him in witness box to find out whether he is a person of unsound mind or not. Learned counsel for petitioner has argued that the burden is upon the petitioners/defendants to show that he is not a person of unsound mind. The question of burden is irrelevant at this stage. The respondent / plaintiff is before the Court and Court has in its discretion found it necessary to examine him. No interference is warranted at this stage. If in the process, any prejudice is caused to the petitioners, they can place it on record of the trial Court and challenge the impugned order 2 after adjudication of the Civil Suit. Writ Petition is therefore, dismissed, with no order as to cost. JUDGE Rgd.