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1953 Supreme(Mad) 316

RAMASWAMI
In re Periaswami Goundan – Appellant
Versus
. – Respondent


Advocates Appeared:
M. Natesan, for Petitioner.

Judgement

ORDER :- This is a civil revision petition which is sought to be filed against I.A. No. 1685 of 1952 in O.S. No. 586 of 1950 on the file of the District Munsif of Erode.

2. The facts are : O.S. No. 586 of 1950 has been filed by one Karuppa Goundan against Umai Malaya Goundan and three others. This Umai Malaya Goundan is a deaf-mute. The plaintiff filed an application for the appointment of a guardian-ad-litem under O. 32, rule 15 C.P.C. It was resisted on the ground that Umai Malaya Goundan has been leading a family life with a wife and child and that he is eking out his livelihood by grazing cattle and doing farm work and that he is quite capable of managing his family affairs and that therefore a guardian-ad-litem need not be appointed.

On the other hand, the elaborate enquiry held by the learned District Munsif revealed two sets of facts. In regard to the properties of this Umai Malaya Goundan several documents have been executed on his behalf by a guardian or his wife has been associated with the conveyances along with him. Ex. A 1 dated 25-2-1924 is a registration copy of maintenance deed by Angammal as guardian of Umai Malaya Goundan to Varusaiyammal. Ex. A. 2 dated 25













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