The appointment of a guardian under Order XXXII of the CPC requires prima facie evidence of unsoundness of mind, which cannot be established through general medical reports (serology/biochemistry) without a specific psychiatric or psychological evaluation.

JUDGEMENT & ORDER

(Oral)

[1] The following abbreviations/short forms have been used in this order (for the sake of brevity, convenience and clarity):

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[2] Captioned CRP along with captioned MC thereat has been filed in this Court on 13-05-2026. Captioned CRP has been filed under Article 227 of the Constitution, assailing the impugned order. Captioned MC thereat has been filed with an interim prayer seeking interim stay of all further proceedings in the said money suit in the Trial Court, pending CRP.

[3] The sole revision petitioner in the captioned CRP who is also the MC applicant is the wife of lone defendant in the said money suit in the Trial Court. The lone respondent in captioned CRP and captioned MC thereat is the sole plaintiff in the Trial Court. The said money suit in the Trial Court has been filed against spouse of revision petitioner one Nameirakpam Koireng Singh, as is evident from the title in the said money suit and averments in captioned CRP and MC thereat and said money suit is for recovery of a sum of Rs. 25,00,000/- together with interest.

[4] Revision petitioner filed Judl. Misc. Case No. 427 of 2022 in said money suit in the Trial Court with a prayer to appoint her as guardian for the sole defendant (her spouse) by resorting to Order XXXII of CPC. This Court is informed by learned counsel for CRP petitioner in the hearing today that it is Rule 15 of Order XXXII of CPC. This Judl. Misc. Case No. 427 of 2022 shall be referred to as ‘guardian application’ for convenience. When this guardian application was pending, the revision petitioner took out another application being Judl. Misc. Case No. 450 of 2023 with a prayer for issuance of a commission qua health condition of her spouse i.e., sole defendant in the said money suit. This application being Judl. Misc. Case No. 450 of 2023 shall be referred to as ‘commission application’ for convenience. This Court is informed that the commission application was filed under Section 75 of CPC. It is obviously under 75(a).

[5] While the guardian application was pending, Trial Court took up the commission application and dismissed it vide a short one sentence order dated 30-07-2024 saying that commission application has been filed by a person who is not a party to the suit. Assailing this 30-07-2024 order in the commission application, revision petitioner came to this Court by way of an earlier CRP being CRP(CRP Art. 227) No. 5 of 2025. This CRP along with the two MCs thereat was disposed of by this Court (after full contest), in and vide a judicial order dated 16-10-2025 and scanned reproduction of the same is as follows:—

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[6] Mr. L.N. Ngamba, learned counsel on record who is before this Court (physical Court) along with Mr. A. Phulchand Sharma, who is also counsel on record, submits that the afore-referred 16-10-2025 order made by this Court in CRP(CRP Art. 227) No. 5 of 2025 has been given legal quietus i.e., it has attained finality. The same has not been assailed in the Hon’ble Supreme Court by either of the parties, is his say.

[7] Pursuant to the afore-referred order of this Article 227 Court, Trial Court took up the guardian application first (keeping the commission application pending) and has made the impugned order dismissing (after full contest) the guardian application. Contending that she is aggrie