THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.3018 of 2010 ORDER: The petitioner herein is the defendant in the suit in O.S.No.41 of 2008 filed by the respondents-plaintiffs seeking eviction of the petitioner herein from the suit schedule property said to have been belonging to the respondents-plaintiffs. It is the case of the petitioner that the 1st plaintiff alone leased out the suit schedule property in his favour and the 1st plaintiff became insane. In fact, he has also filed a suit in O.S.No.39 of 2008 on the file of the same Court seeking the relief of perpetual injunction against the 1st plaintiff and the Tenali Municipality. The court below clubbed the two suits O.S.Nos.39 of 2008 and 41 of 2008 and ordered to adduce evidence in O.S.No.39 of 2008. It is stated that the 1st plaintiff is said to have become insane and his whereabouts are not known and, therefore, his presence is required to resolve the controversy and that he should be represented by somebody. Accordingly, he filed I.A.No.884 of 2009 in O.S.No.41 of 2008 seeking appointment of his wife one Kunala Sunkanya as the guardian to the 1st plaintiff. The said application was dismissed by the impugned order, dated 18-06-2010, holding that the said application is not maintainable as there are four plaintiffs, who filed the suit seeking eviction of the petitioner and that the petitioner has not placed any material for appointment of a guardian to the 1st plaintiff under Order 32 Rule 15 CPC. Whether there is any defect in the suit, whether the 1st plaintiff has become insane and whether the 1st plaintiff is not entitled to have a decree, are all matters to be considered during the course of trial. The petitioner, who acted against the interest of the plaintiffs, is not entitled to file the said application. Further, the petitioner is not a well wisher or guardian in any manner for the 1st plaintiff or to any other plaintiffs. Therefore, the application filed by the petitioner is misconceived without any bonafides. Accordingly, the Civil Revision Petition is dismissed with costs. ___________ 12-08-2011 Prv