79. An administrator (duly appointed under the law for the time being in force) of the property and affairs of any person of unsound mind may prosecute, defend, or intervene in a suit on behalf of such person or otherwise represent him; but if there be no such Administrator application on affidavit shall be made ex parte to a Judge who will assign a guardian to the person of unsound mind. If the opposite party is already before the Court the application shall be upon summons.