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38. Further, the general principles of an appointment and authority of agents are not different for a power of attorney holder, than given in Chapter X of the Contract Act, 1872. Who may employ an agent? The answer is given in Section 183 of this Act: "Any person who is of the age of majority acording to the law to which he is subject, and who is of sound mind, may employ an agent."

(Emphasis).

39. In law what applies to a minor also applies for persons found by the court on inquiry to be incapable, by reasons of any mental infirmity, of protecting their interests when suing or heing sued. This is laid down in Order XXXII Rule 15. Padmakumari Devi, by now it is clear and beyond a reasonable doubt that she cannot act on her own. Who is her next friend or guardian? This Court, did not appoint Ajit Singh Panwar as a next of friend under Order XXXII. When the defendant or the gentleman opposing him chal-

42. The mental incapacity of Padma Kumari Devi is not in issue. She suffers from an incapacity upon which the court has already considered above and the person who hold her in bondage, Ajit Singh Panwar, evades producing her before the court, so as to thwart further inquiry on her welfare.

43. Ajit Singh Panwar is not a party, even if he could act on behalf of Padma Kumari Devi. But under the law he cannot give evidence on her behalf, Rule 15 of Order XXXII, as mentioned earlier treats a person with mental incapacity or of an unsound mind at par with a minor and the court is obliged to make ajudicial enquiry so as to be satisfied that such a person is incapable of protecting his interest. A suit on behalf of a person with mental incapacity or unsound mind may be filed by the next of friend or guardian, but by leave and an order of a court.

44. A Division Bench of this Court, held, that if during the course of litigation the court finds on inquiry that anyone of the parties before it is by reason of unsoundness of mind or mental infirmity incapable of protecting his interest, the court is bound to take action under Order XXXII, [(AIR 1919 All 409 (412)]. It is open to the court to seek assistance of a medical expert and it could compel a party to attend court for deciding the question. It could also direct such a person to be subject to examination by the medical expert. If the next of friend tries to nullify the effect of such an order by disobeying it, the court would find adequate means for enforcing it's order, AIR 1977 Punj & Har 28 : AIR 1957 Kerala 51 : AIR 1949 Madras 292. The issue of unsoundness of mind or mental incapacity of the parties is primarily betwixt the court and the party and is certainly not a lis betwixt the parties them selves and a Division Bench of the Patna High Court observed (AIR 1985 Patna 366 at p. 367).

57. Finding that the matter concerns the family, this court was obliged not to ignore Order XXXII-A. Order XXXII-A governs 'Suits and Proceedings relating to matters concerning the family'. Rule 2 permits the court to hold proceedings in camera should the court so desire, and it is mandatory to do so if either parties so desire. The court is under a duty by Rule 3, to make efforts for settlement and if this is reasonably possible, this rule guides the court to adjourn the proceedings to enable attempts to be made to effect such a settlement, it is for this reason that the court adjourned proceedings on December 11, 1991 to strive for a settlement, if there really be an issue in this family matter. Order XXXII-A is as much applicable to a suit or proceeding instituted by a member of the family relating to wills, intestacy and succession. The present cases are such proceedings. The only question was whether the case filed by Padma Kumari Devi or her opposition to her son is, in effect, opposition by her or is she being led to oppose by some one else?. In a strictly family matter the court finds out that Padma Kumari Devi had virtually been set up to manufacture a lis between the son and the mother when none may exist. The person who misleads Padma Kumari Devi is Ajit Singh Panwar. The matter will remain in the family and all the members of the family have yet to see the court.