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DEEPAK KUMAR TIWARI
Shailendra Kumar Shukla S/o Late Shivcharan Shukla – Appellant
Versus
Aarti Bajpai W/o Late Rupnarayan Bajpai – Respondent
ORDER :
Deepak Kumar Tiwari, J.
1. This petition has been filed under Article 227 of the Constitution of India assailing the legality and validity of the order dated 05.07.2024 passed by the District Judge Bastar at Jagdalpur (C.G.) in Civil Suit No.5A/2017, whereby, an application under Order 32 Rule 15 of the Code of Civil Procedure preferred by the next friend (daughter of Respondent No.1) to pursue the Suit because her mother is suffering from mental infirmity, was allowed.
2. Necessary facts for adjudication of the present petition are that earlier, the petitioner had also filed a writ petition viz WP(227) No.367/2020 before this Court challenging the order dated 21.01.2020 passed in Civil Suit No.5A/2017 by the 3rd Additional District Judge Bastar at Jagdalpur (C.G.), by which the application filed by the daughter of the Plaintiff/Respondent No.1 has been allowed and she has been permitted to represent the plaintiff in the Civil Suit. The said Writ Petition was dispose of vide order dated 19.06.2020 by observing that as no enquiry was done as it is provided under Order 32 Rule 15 of the CPC, so the suitable order may be passed in that respect after making an enquiry. After such
The court established that an inquiry is mandatory under Order 32 Rule 15 CPC to determine if a party is incapable of protecting their interests due to mental infirmity before appointing a next frien....
Legal position is that mental infirmity in the context of Order XXXII Rule 15 of CPC is not mental person able of protecting his interests, is sufficient to unfold the protective umbrella under Order....
(1) Unsound mind – Matters involving persons of unsound mind, the Court must exercise utmost caution and diligence to ensure that the rights of such individuals are protected. Order XXXII, Rule 15 of....
The court can conduct an inquiry into the unsoundness of mind of a party to a suit before or during the pendency of the suit, as per Order 32, Rule 15 CPC.
Point of Law : Section 105 of Mental Healthcare Act, 2017 deals with procedure to be followed in a judicial process where any proof of mental illness of a person is produced.
The court must conduct a thorough enquiry regarding a party's mental capacity before appointing a guardian under Order 32, Rule 3 CPC, rather than relying solely on medical certificates.
The court established that under the Mental Health Act, 1987, a judicial inquiry into the mental capacity of an individual is essential when there are allegations of mental incapacity affecting legal....
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