TMI Blog2003 (2) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... y a learned Single Judge of the said Court dated 5.5.1999 passed in civil Revision No. 2761 of 1998 which in turn arose out of an order dated 3.11.1998 passed by the Additional District Judge, Shahdol, Madhya Pradesh in Civil Suit No. 2-A of 1993 dismissing an application filed by the respondent herein under Order 32 Rule 15, C.P.C. 2. The plaintiff-respondent filed a suit against the appellants herein for partition of certain immovable properties. The appellant No. 1 herein at the relevant point of time was aged 87. Alleging inter alia that she had lost her ability to understand and further is not capable to give instructions to her lawyer or anybody else relating to the said suit, a prayer was made by the respondent herein that she be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instant Civil Suit against the non-applications/defendants for partition, possession and rendition of accounts. The non-applicant No. 1 is old lady of 87 years of age and she has developed forgetfulness. Therefore, the applicant had made an application under Order 32 Rule 15, CPC, for appointment of a guardian for defending her in the suit. The appointment of guardian would not cause any prejudice to either parties. The trial Court acted with material irregularity in rejecting the application of the applicant under Order 32, Rule 15 CPC. The impugned order, therefore cannot be sustained. Accordingly it is set aside and in the result, the revision succeeds and is allowed. 5. The appellants herein filed an application for recalling of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the same was passed by the High Court in exercise of its revisional jurisdiction. 9. Shri jain, therefore, has rightly submitted that the order of the learned Single Judge must be held to have merged with the order of the Division Bench. 10. Order 32 Rule 15, C.P.C. reads thus: 15. Rules 1 to 14 (except Rule 2A) to apply to persons of unsound mine. - Rules 1 to 14 (except Rule 2A) shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to be incapable, by reason of any mental infirmity, of protecting their interest when suing or being sued. 11. On a bare perusal of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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