KASTURI BAI AND ORS. versus ANGURI CHAUDHARY

KASTURI BAI AND ORS. versus ANGURI CHAUDHARY

The Division Bench committed a manifest error in treating the application for recalling as an appeal. The Single Judge erred by appointing a guardian without holding an inquiry as required by Order 32 Rule 15 of CPC. The matter should be remitted to the trial court for fresh consideration strictly in terms of Order 32 Rule 15.

Parties
Appellants: Kasturi Bai and Ors.; Respondent: Anguri Chaudhary
Jurisdiction
India
Judgment Date
05 February 2003
Procedural Posture
Civil Appeal / Supreme Court (appeal From Division Bench Order of Madhya Pradesh High Court in MCC 482/99)
Outcome
Appeal allowed
Legal Topics
Appointment of Guardian, Suit for Partition, Mental Incapacity, Jurisdictional Error, Revision and Appeal Procedures
Civil Procedure Appointment of Guardian Suit for Partition Mental Incapacity Jurisdictional Error Revision and Appeal Procedures

Case Brief

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Parties

Kasturi Bai and Ors.

Appellants

Anguri Chaudhary

Respondent

Procedural Posture

Civil Appeal / Supreme Court (appeal From Division Bench Order of Madhya Pradesh High Court in MCC 482/99)

Legal Issues

  1. 1 Whether the High Court erred in appointing a guardian for an elderly defendant without inquiry under Order 32 Rule 15 of CPC
  2. 2 Whether a Division Bench of High Court could treat an application for recalling a Single Judge's order passed in revisional jurisdiction as an appeal

Ratio Decidendi

The Division Bench committed a manifest error in treating the application for recalling as an appeal. The Single Judge erred by appointing a guardian without holding an inquiry as required by Order 32 Rule 15 of CPC. The matter should be remitted to the trial court for fresh consideration strictly in terms of Order 32 Rule 15.

Court Disposition

Appeal allowed

Orders

  • Impugned judgments set aside
  • Matter remitted to the trial court for fresh inquiry under Order 32 Rule 15, CPC