RAJENDRA KUMAR GUPTA Vs. SAILENDRA KUMAR GUPTA

JUDGEMENT

(1.) This is an appeal against certain orders made by the District Judge of Faridpur in a matter which a is described as Lunacy Act Case No. 23 of 1937. The present proceedings were started on 3 May 1937 by the presentation of a petition by one Sailendra Kumar Gupta who is the son of Rajendra Kumar Gupta, in which it was alleged that Rajendra Kumar Gupta had become of unsound mind and had been in that condition for some nine or ten months previously. It was stated that the petition had been made "for being appointed guardian of the person and the property of the lunatic." The word used in the translation is "idiot." Certain facts are set forth in the petition and in para. 10 thereof it was prayed that notice should be served on "the idiot," that the records of the case should be perused, there should be an order for an inquisition recorded and the case heard after serving notices upon the near relatives of "the idiot" and the applicant appointed as the guardian of the person and manager of the property of "the idiot". On the same day on which that petition was filed, an order was made by the District Judge in this form: Heard pleader for the petitioner regarding withdrawal of the pension of the alleged lunatic Babu Rajendra Kumar Gupta. Ask the Treasury Officer to withhold Rs. 200 out of the pension and keep the same in deposit in this office until further orders. The balance of the pension money may be paid to the pension holder Rajendra Kumar Gupta. I pass the order under Section 56 read with Section 71, Lunacy Act.

(2.) It appears that some time, indeed two or three years, before the date of the petition, Rajendra Kumar Gupta had been adjudicated an insolvent and such property as he had became vested in the receiver appointed in the Insolvency. Rajendra Kumar Gupta was, however, in receipt of a pension of about Rs. 396 per mensem, and it is in respect of that pension that the order of 3 May (which is one of the orders now complained of) was made. On 7 May an application was made to the District Judge asking that the order made on 3rd May should be set aside. The matter was argued on both sides, that is to say on behalf of the petitioner here and on behalf of the alleged lunatic and the learned Judge reserved his decision. On 10 May the learned District Judge recorded this order: Orders passed in separate sheets. The order dated 3 May 1937 withholding Rs. 200 out of the pension of Babu Rajendra Kumar Gupta will stand.

(3.) That entry on the record sheet referred to the judgment which was delivered on 10 May 1937 which is headed "order". The ordering portion of it is in these terms: A letter will be written to the Treasury Officer whether he can pay the balance of the pension money to the pension-holder keeping Rs. 200 in deposit according to the orders passed on 3 May 1937. If not, the entire pension money will be drawn by the Nazir of this Court under my orders and then the spirit of the order dated 3 May 1937 will be followed for payment of the balance of the pension money to Rajendra Babu for the maintenance of himself and his second wife with whom he is living.