Court No. - 33
Case :- FIRST APPEAL No. - 775 of 2018 Appellant :- Nisha @ Soniya Gupta Respondent :- Ankur Gupta Counsel for Appellant :- Hitesh Pachori Counsel for Respondent :- Preet Pal Singh Rathore
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Hitesh Pachauri, learned counsel for the defendant-appellant and Sri Preet Pal Singh Rathore, learned counsel for the plaintiff-respondent.
The instant appeal has been filed against the order dated 20.9.2018 passed by the Principal Judge, Family Court/FTC-I, Agra in Case No.869 of 2014 by which the application of the appellant raising an objection that the plaint is liable to be rejected for want of appointment of a next friend, as is required under Order 32 of the C.P.C., has been rejected.
A perusal of the record would reveal that the plaintiff-respondent had instituted proceedings for divorce on the ground that the appellant have treated him with cruelty and has exhibited behaviour of a psychopath.
The defendant-appellant filed an application 84-Ga stating that since the defendant has termed her as a psychopath in absence of appointment of a next friend to represent her interest, the defendant-appellant's petition would suffer from a defect. Because, under Order 32 of the C.P.C., a minor or a person insane has to be represented through a next friend.
The Court below has rejected the prayer made in application 84-Ga observing that the defendant has not raised any such plea in her written statement.
We do not find any error in the order passed by the court below. Even, otherwise the appellant in her written statement has not admitted that she suffers from any such disability which may require her to be represented by a next friend.
The appeal is dismissed.
Order Date :- 27.11.2018 AKJ