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2006 Supreme(Mad) 1956

K.CHANDRU
Ramachandran, Chinna Anaicut Village, Vellore District – Appellant
Versus
Chinnaraj Chettiyar, rep. by his Wife and Guardian P. Saradha, Peria Oonai Village, Vellore District – Respondent


Advocates Appeared:
C. P. Sivamohan, for Petitioner
S. N. Ravichandran, for Respondent

ORDER

By consent of both parties, the main civil revision petition itself is taken up for hearing and disposal.

2. I have perused the records and also heard the submissions made on behalf of both parties.

3. This civil revision petition is directed against the order dated 14.7.2005 made by Additional District Munsif, Vellore in LA. No. 1342 of 2004 in O.S. No. 752 of 2004. The revision petitioner, who is the original plaintiff, has filed this petition aggrieved against the order passed by the learned Additional District Munsif, Vellore, appointing one P. Sarada, who is the wife of the defendant, as next friend to defend the suit.

4. In the impugned order, learned District Munsif; Vellore relied upon certain documents including Exhibit P. 1, which is a certified copy of the order made in M.H.O.P. No. 4 of 2003 dated 27.2.2004 passed by the Principal District Judge, Vellore District. A copy of the decreetal order is also enclosed in the typed set of papers at Page No. 25.

5. The Principal District Judge is the empowered authority under Sections 52, 53 and 54 of the Mental Health Act, 1997 for appointing guardian for persons who are declared of unsound mind. The said Act is undoubtedly a s






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