IN RE: PERIASWAMI GOUNDAN Vs. STATE

JUDGEMENT

(1.) 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 Umal 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 Order 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.

(3.) ORDER 32 Rule 15 C. P. C. corresponds to Section 463 of the Civil P. C. 1882, with some additions and alterations. The old section is reproduced below to observe the changes introduced by the present rule: