JUDGMENT]

M. M. DAS, J. The appellant as petitioner filed an application before the learned Civil Judge (Sr. Division), Rourkela under sections 52 and 53 of the Mental Health Act, 1987 praying to be appointed as guardian of the person and property of one Deepak Toppo. By order dated 18.1.2011, the learned Civil Judge dismissed the said application, which was registered as Guardian Misc. Case No. 59 of 2007.

2. The appellant’s case before the learned court below was that said Deepak Toppo is a mentally ill person being a Christian male aged about 29 years who was born on 7.3.1982. His father and mother are both dead and since the death of his parents, the said Deepak Toppo is being maintained under the care and custody of the appellant, who is the son of Deepak’s maternal aunt, i.e., mother’s sister. He has no other suitable person other than the appellant to look after him for which the appellant prayed to be appointed as guardian in respect of his property both moveable and immovable as well as his person. A proclamation was made by the learned Civil Judge inviting objections, if any, in the said Guardian Misc. Case No. 59 of 2007. The said Misc. Case was once dismissed on 30.6.200