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2016 (7) TMI 1670 - HC - Indian LawsPermission to appoint the petitioner as the guardian ad litem of the respondent No. 3 - Application filed on the ground that he is not capable of securing his affairs and her interest does not clash with that of her husband, in any manner - amicable settlement of disputes - Order XXXII Rule 15 CPC - HELD THAT:- The necessity of holding an inquiry under Rule 15 Order XXXII CPC emanates from the fundamental right of equal opportunity provided to every person under the Constitution of India, to sue or be sued and prosecute/defend his/her claim in a court of law. The cardinal principle of inquiry required to be conducted by a court as envisaged under Rule 15, is to assess as to whether the person concerned suffers from any unsoundness or mental infirmity, which makes him incapable of protecting his interest in a litigation. Thus, holding of an inquiry is a sine qua non and the court is empowered to appoint a guardian in the event a person is adjudged to be of unsound mind and/or incapable of protecting his/her interest in a litigation. The discretion is ultimately left with the court concerned to conduct an independent and impartial evaluation as it may deem fit and proper, depending on the facts and circumstances of each case. Only after arriving at the conclusion that a person is mentally incapable or unable to prosecute/defend the case, would the court proceed to appoint a fit person as his guardian ad litem. While doing so, the court must be mindful of the fact that such a person does not have any interest that is adverse to the applicant. Coming to the case in hand, the respondent No. 3 has presented himself before the court and during its interaction with him, posed several questions about his routine life, his family members and work and other aspects. He has stated that he had a major road accident in the year 1999, and had suffered serious brain damage as a result whereof, he has lost the ability to read and write - the respondent No. 2 is the younger sister of the respondent No. 3, and is present in Court, but he has not been able to identify her. Considering the mental faculty of the respondent No. 3 as has emerged from interacting with him, this court is of the opinion that he would not be in a position to protect his interests in the present petition as he appears to be a person of weak intellect, ineffectual and incapable of looking after his interests and affairs. Given the said circumstances, it is deemed appropriate to appoint the petitioner as the guardian ad litem of her husband, the respondent No. 3 so that his interests can be protected in the present litigation. Application allowed.
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