Madras High Court
N.Balamurugan vs N.Srinivasan on 24 January, 2022
C.R.P.(NPD) (MD) No.137 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(NPD) (MD) No.137 of 2022
N.Balamurugan,
Mentally Unsound Person,
Rep. though his next friend and
Guardian Balasankar .. Petitioner/Petitioner/
Plaintiff
-vs-
1.N.Srinivasan
2.N.Jaya
3.M.Jayasundari .. Respondents/Respondent/
Defendants
Prayer :- Petition filed under Section 115 Civil Procedure Code to set
aside the fair and decreetal order dated 13.11.2017 made in I.A.No.16 of
2017 in O.S.No. Unnumbered of 2017 on the file of the Sub Court,
Thirumangalam.
For Petitioner : Mr.G.Ravisankar
For R3 : Mr.J.Barathan
for Mr.T.R.Jayapalam
For RR1 & 2 : No appearance
******
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C.R.P.(NPD) (MD) No.137 of 2022
ORDER
This Civil Revision Petition is filed challenging the dismissal of
the application in I.A.No.16 of 2017 in O.S.No.Unnumbered of 2017
filed by the guardian of the revision petitioner/plaintiff who is of an
unsound mind to permit him to conduct the suit proceedings.
2.The said application was dismissed by the learned Subordinate
Judge, Thirumangalam, by his order dated 13.11.2017 on the ground that
on an examination of the petitioner, it appears that he can conduct the
case by himself and further, dismissed the impugned application.
3.The Court below had not considered Ex.P1 to Ex.P3, which had
been filed by the petitioner to show the low Intelligence Quotient (IQ) of
the petitioner.
4.When the matter had come up, this Court by order dated
16.12.2021, directed the petitioner to appear before this Court on
05.01.2022. The petitioner had appeared before this Court and on
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C.R.P.(NPD) (MD) No.137 of 2022
interacting with him, this Court found that except for answering his
name, there was no other response from the petitioner. The petitioner
had appeared in the virtual Court. The Court found his actions to be of a
person of low IQ. The way, the petitioner conducted himself in the
virtual Court, appeared to confirm the findings in the report in Ex.P1.
5.Learned counsel appearing for the 3rd respondent opposed the
appointment of Mr.Balasankar as the next friend and guardian, since the
petitioner's mother was very much alive. However, the suit, that is, now
proposed to be filed on behalf of the said N.Balamurugan, who is a
person of low IQ, is to declare the sale deed in respect of his 1/12 th share
in favour of the defendants to be null and void and for a partition of his
1/12th share. The sale deed was executed by the mother representing him.
He has, in his plaint, alleged that his condition has been taken advantage
by his guardian and mother and he has received no benefit from the sale.
6.Considering the averments contained in the plaint and the fact
that there is an opposition to the appointment of Mr.Balasankar as the
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C.R.P.(NPD) (MD) No.137 of 2022
guardian and the mother being disqualified from acting as the guardian,
since she has executed the sale deed in question, this Court suggested
that Mr.Anand Chandrasekaran, Advocate (Plot No.128, Vivekananda
Nagar, Sambakulam, Pudur, Madurai-625 007; Ph: 9443358525) shall be
appointed as the Court guardian of the said N.Balamurugan. Both the
counsels appearing for the petitioner as well as the 3rd respondent
immediately consented with the said arrangement.
7.In the result, Mr.Anand Chandrasekaran is appointed as the
Court guardian, who shall take steps to present the plaint as the court
Guardian for and on behalf of N.Balamuguran, person with low IQ and
proceed with the suit. The Court Guardian shall be entitled to receive
remuneration from and out of the estate that would fall to the share of the
petitioner. The learned Subordinate Judge, Thirumangalam, shall fix the
remuneration that would be payable in the judgment and decree. It is
needless to state that the Court guardian shall act in the best interest of
Mr.N.Balamurugan, person with limited IQ and would also be permitted
to enter into a settlement which is an advantageous to him monetarily and
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C.R.P.(NPD) (MD) No.137 of 2022
ensure that would make such arrangement that the monetary
compensation reaches the plaintiff/petitioner herein. An out of pocket
expenses of Rs.25,000/- (Rupees Twenty Five Thousand only) shall be
paid by the Legal Services Authority immediately upon invoice being
raised by the Court Guardian Mr.Anand Chandrasekaran.
8.In the result, this Civil Revision Petition is allowed, the order
13.11.2017 passed in I.A.No.16 of 2017 in O.S.No. Unnumbered of 2017
by the learned Subordinate Judge, Thirumangalam, is set aside. No costs.
24.01.2022
abr
Note:-
In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
Advocate / litigant concerned.
To
The Subordinate Judge, Thirumangalam.
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C.R.P.(NPD) (MD) No.137 of 2022
P.T.ASHA, J.
abr
C.R.P.(NPD) (MD) No.137 of 2022
Dated: 24.01.2022
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