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1940 Supreme(Mad) 362

PANDRANG ROW
P. P. Ar. Rm. Sp. Ramanathan Chettiar by mother and guardian Meenakshi Achi – Appellant
Versus
A. R. R. M. Somasundaram Chettiar – Respondent


JUDGMENT

Pandrang Row, J.

1. This is a petition to revise the order of the Subordinate Judge of Devakottai dated 31st October, 1939, dismissing an application made under Order 32, Rule 15, Civil Procedure Code, for the appointment of a guardian ad litem of the fourth defendant in O.S. No. 208 of 1932 on his file. The application was made necessary by reason of the fact that after the suit had been finally disposed of by this Court in appeal, an application was presented on behalf of the fourth defendant, who is a major, by his mother as guardian ad litem to apply the provisions of the Madras Agriculturists Relief Act (IV of 1938) to the decree passed in the appeal. That petition to apply the provisions of the Madras Agriculturists Relief Act as well as this petition for the appointment of the mother as the guardian ad litem were both remitted to the lower court for disposal. Reliance had been place 1 in support of the application for appointment of a guardian ad litem on the provisions of Order 32, Rule 15, Civil Procedure Code. The case put forward before the Court below was that the fourth defendant, though a major, was mentally infirm and unable to manage his affairs. The lower co


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