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6. In the meantime, IA No.4809/2010 was filed in these proceedings on or about 13th April, 2010 by Dr. Stya Paul under Section 247 of Indian Succession Act praying for an ex parte interim order for considering appointment of a fit and proper IA No.10287/2010 in Test Case No.56/2009 Page No.2 of 29 person as the pendente lite administrator of the estate of the deceased.

7. In the meantime, Dr. Stya Paul (petitioner herein) expired on 7th June, 2010 leaving behind his widow Smt. Rajeshwari Paul and a daughter, Ms. Sushma Berlia, as his surviving heirs. IA No.8326/2010 has been filed by Sushma Berlia under Order 22 Rule 3 and Order 1 Rule 10 CPC inter alia praying for their substitution as petitioner nos.1(a) & 1(b) in place of the deceased petitioner.

It is submitted that on account of her inability to take a decision in relation to the matter, it is necessary to appoint a guardian ad litem for her.

9. To support her prayer Ms. Sushma Berlia, dauther of the petitioner has also stated that she is staying with her mother Smt. Rajeshwari Paul since the last more than two decades and that Smt. Rajeshwari Paul is under her care; that Ms. Sushma Berlia has no interest adverse to that of Smt. Rajeshwari Paul and is consequently fit to be appointed as her guardian ad litem.

(ii) That in these proceedings, an order dated th 18 December, 2010 with regard to the condition of M/s Rajeshwari Paul was passed with the consent of Ms. Sushma Berlia.

(iii) It is urged that in view of the constitution of a medical board by the Additional District Judge, Alipore, this court does not have the jurisdiction to proceed for examination of Smt. Rajeshwari Paul. It is submitted that the same consent of Ms. Sushma Berlia has been reiterated in the order dated 5th March, 2011.

(v) The amounts shall be deposited by Ms. Sushma Berlia within three days of the communication of the said expenses.
(vi) The Board shall give a specific finding on the issue as to whether Smt. Rajeshwari Paul is suffering from Alzheimers disease, consequences thereof and her physical and mental condition and ability.
(vii) In case necessary, it shall be open for Ms. Sushma Berlia to utilize the facility of an ambulance and to cause the production of Smt. Rajeshwari Paul before the Board and for AIIMS for performance of the tests. She is permitted to make a request in writing in this behalf to the Medical Superintendent of the All India Institute of Medical Sciences who may permit the same against payment of charges by her.