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Judgment
By means of this application filed under Order XXXII rule 15 of the CPC, the respondent-applicants have prayed for appointment of guardian ad litem in respect of the respondent No.3, namely, Sri Sanjoy Kumar Pal, who is admittedly mentally challenged and earlier was being represented by his mother, Smt. Sandhya Rani Pal, the respondent No.1.
Smt. Sandhya Rani Pal has expired and by the order dated 01.04.2021 her name has been deleted as all her legal heirs are already on record. But the part of representation was not determined in absence of a proper application. Now, the respondents No. 2, 4 and 5 have filed a joint application before us for appointment of guardian ad litem in respect of the respondent No.3. They have collectively suggested that Sri Ranjan Kumar Pal, the respondent No.2 be appointed as the guardian ad litem for the respondent No.3.
Ms P Sen, learned counsel appearing for the appellant-respondent has not raised any objection in this regard.
Having considered the circumstances, we are of the view that for representing the respondent No.3, who is mentally challenged, the respondent No.2 shall represent his interest diligently and honestly. Accordingly, the respondent No.2 is made the guardian ad litem of the respondent No.3.
Registry is directed to make necessary correction in the description appearing below the respondent No.3 in terms of this order.
In place of "Smt. Sandhya Rani Pal, mother, defendant No.1" the following shall be inserted:
"Sri Ranjan Kumar Pal, brother, defendant No.2"
With the above observation and direction, this application stands allowed and disposed of.