SM KAMALA BALA DEBI Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from an order passed by the District Judge of Nadia refusing an application for inquisition under the Lunacy Act in connexion with one Gunindra Kumar Mukharjee. The application has not been dealt with by the learned Judge on its merits, but has been dismissed by him on the ground that the District Judge of Nadia had no jurisdiction to entertain it. The learned Judge held that the District Court had jurisdiction only when the lunatic was not subject to the jurisdiction of any of the Courts mentioned in Section 37 of the Act. This is what is enacted in Section 62 of the Act and the interpretation which the learned Judge has put upon the section is undoubtedly correct. It appears however that the present application for declaring Gunindra Kumar Mukherjee as a lunatic and appointing the applicants managers or guardians of his properties was made to the District Judge on 17 September 1928. It was returned by the District Judge for certain purposes and it appears to have been refiled on 19 September 1928. The learned District Judge was of opinion that the High (Court of Calcutta had jurisdiction over the lunatic by reason of the fact that a reception order had been made by the Chief Presidency Magistrate of Calcutta on 11 November 1927. This reception order was passed long before the date on which the present application was made and it directed the authorities of the Indian Mental Hospital at Ranchi to receive the said Gunindra Kumar Mukherjee into the said Hospital.

(2.) It is true that at the date of the order which the Chief Presidency Magistrate passed the alleged lunatic was a person who may be presumed to have been within the jurisdiction of the Ordinary Original Jurisdiction of the Calcutta High Court. But there is absolutely nothing to show that that jurisdiction was retained at any time after the aforesaid order was made, while on the other hand it is an admitted fact that in pursuance of the order which the Chief Presidency Magistrate made the said Gunindra Kumar Mukherjee was soon after admitted as an inmate of the Ranchi Mental Hospital. In these circumstances, we are of opinion that it cannot be said that the alleged lunatic was at the date of the application subject to the jurisdiction of the High Court of Calcutta, so as to take away the jurisdiction of the District Court to make an order for inquisition. Though the alleged lunatic was for some time living temporarily in Calcutta for the purpose of his treatment, he was still a parson residing within the District Court of Nadia where he had his house and his family and where he used ordinarily to reside.

(3.) For these reasons, we are of opinion that; the view which the learned Judge took as to jurisdiction of his Court to entertain the application is not right. We accordingly allow the appeal, set aside the order from which it has been taken and direct that the proceedings based on the application that was made before him will now go on in accordance with law.