Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not maintainable...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit filed by person of unsound mind through his next friend - Trial Court declared plaintiff as person of unsound mind without conducting any enquiry or following the provisions of O.32.Rr.1 to 14 CPC - Besides this, there is no document or notice on record that plaintiff was suffering from any mental illness - Appellate..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - Mental infirmity within the meaning of O.32.R.15 CPC is not mental disorder, insanity or mental illness but infirmity caused by physical defects like deafness or dumbness also constitute weakness of mind and renders a person incapable of protecting his interests - In such a case where the person having such..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - No specific objection raised to this effect in reply to the petition - Trial Court rightly did not conduct an enquiry - Court without holding an enquiry cannot give a finding as to unsound mind - Petition cannot be dismissed as not maintainable as not filed through next friend...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Second application by invoking the same provision - Held, not maintainable when once an application is dismissed and attains finality...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Real enquiry is required to be held to ascertain the unsoundness of mind before deciding the application U.O.32 CPC for appointment of next friend - Enquiry means : (1) questioning a lunatic by the Judge himself in open Court or in chambers, in order to see whether he is really a lunatic or of unsound..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to unsoundness of mind - Trial Court not to step into the shoes of a Medical Expert to assess the unsoundness of mind of a person as Presiding Officer of a Court is not equipped with the knowledge or experience in medical field...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Appointment of next friend or guardian - Application filed on the ground that Respondent No. 1 was unable to manage his affairs and was mentally not in position to conduct his affairs himself - Respondent No. 1 has been an Advocate - He has attended the chamber of Court and has answered several questions - He has affirmed..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit against person of unsound mind - Decree passed by Court below without conducting enquiry or without appointing guardian for defendant and without defendant himself filing any written statement or participating in trial - Held, decree against lunatic without guardian being appointed to represent such lunatic, is a..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit by person of unsound mind - Next friend not appointed by Court - Court cannot permit adjudication of suit even if other side fails to raise a plea in that regard...........
