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SUPREME COURT OF INDIA
ARIJIT PASAYAT, S.H. KAPADIA, JJ.
Maharaja Sawai Tej Singh - Petitioner
Versus
Jitender Singh And Others - Respondents
Transfer Petition (C) No. 1105 of 2005
Decided on : 08-05-2006
Guardian ad litem - Mental Health - Appointment of guardian ad litem for petitioner with impaired mental state of health
Fact of the Case:
During the hearing of the transfer petition, the court requested a retired Director of Health Services to assess the mental state of health of the petitioner, who was found to have impaired mental health due to prior stroke and advanced age of 95 years.
Finding of the Court:
The court found that due to the impaired mental state of health of the petitioner, it would be appropriate to appoint a guardian ad litem for the petitioner, keeping in view his best interest.
Issues: Dispute regarding the state of health of the petitioner, appointment of guardian ad litem
Ratio Decidendi: Considering the report of the doctors and the impaired mental state of health of the petitioner, the court decided to appoint a guardian ad litem for the petitioner.
Final Decision: The court disposed of the transfer petition and made it clear that if the appointed guardian ad litem feels that any further steps have to be taken in the suit concerned, it shall be open to him to do so, expressing no opinion about that.
ORDER :
Arijit Pasayat, J.
Heard learned counsel for the parties.
2. During the hearing of the transfer petition, we had requested Dr. S.P. Agarwal, retired Director of Health Services to find out the mental state of health of the petitioner since there was a dispute regarding the state of health of the petitioner. The report of Dr. Agarwal and Dr. Padma has been filed. The impression gathered by the doctors is as follows:
3. Considering the report of the doctors, we feel it would be appropriate if a guardian ad litem is appointed for the petitioner. For this purpose, we request the Rajasthan High Court to appoint a guardian ad litem for the petitioner keeping in view his best interest. We dispose of the transfer petition accordingly. We make it clear that if guardian ad litem to be appointed feels that any further steps have to be taken in the suit concerned, it shall be open to him to do so. We express no opinion about that.
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