Supreme Court · 1999 INSC 453 · Decided 1 October 1999
Raj Kumar v. Rameshchand and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 453 · [1999] SUPP. 3 S.C.R. 345
- Case number
- CIVIL APPEAL No. 5674/1999
- Decided
- 1 October 1999
- Bench
- B.N. KIRPAL, S. RAJENDRA BABU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 32, 1, 15
Headnote
B Code of Civil Procedure, 1908 : Order 32 Rules I and ]~Appointment of guardian-£viction petition before Rent Controller--Owner of premises, a person of unsound mind--ap- c; plication under Or.32, Rule 1 read with Rule l~Rent Controller appointing father as appellant's guardian and ney_t High Court, it held that eviction petition was not maintainable without a guardian/next friend being appointed in accordance with provisions of Ss.52 to 55 of Mental Health Act-Held, in the instant case provisions provided D under Order 32, Rules 1 and 15, CPC were applicable and not that under
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