NILANJAN DUTTA Vs. ARGHYAJIT BISWAS

JUDGEMENT

(1.) Heard Mr. T.K. Deb, learned counsel appearing for the petitioner as well as Mr. S. Lodh, learned counsel appearing for the respondents.

(2.) By means of this petition, filed under Article 227 of the Constitution of India, the order dated 05.07.2015 [Annexure-5 to this application] delivered by the Civil Judge, Senior Division, Court No.2, West Tripura, Agartala in Case No.T.S.56 of 2015 has been challenged.

(3.) The petitioner had filed an application under Order XXXII Rule 3(2) read with Section 151 of the CPC for her appointment as guardian of the plaintiff, as the plaintiff has been suffering from serious mental incapacity and other ailments as per medical information. Even though, the said application has not been resisted on the factual aspects, but the defendant having participated in the hearing raised objection on the question of law, particularly in respect of maintainability of the said application on two grounds namely, (a) the applicant has not declared whether she had any adverse interest in respect of the property or (b) whether she is fit to handle the property or whether she would remain accountable to protect interest of the plaintiff. In this regard, three decisions being Jhabarmal Panda v. Bhagawati Prasad Kedia reported in AIR 1990 Gauhati 35, Tirtha Pradhan and Others v. Balabhadra Pradhan and Another reported in AIR 1993 Orissa 50 and Kasturi Bai and Others v. Anguri Choudhuri reported in AIR 2003 SC 1773 have been relied on. On hearing the parties, the Civil Judge has rejected the said application for appointing the petitioner herein as the guardian of the plaintiff for the suit being T.S.56 of 2015 having observed as under: