Case Note & Summary
The civil revision petition challenged an order of the III Additional Subordinate Judge, Coimbatore, allowing an application (IA No. 155 of 2016 in OS No. 48 of 2014) for appointment of a guardian for the third respondent, who was the first defendant in a suit for declaration of title and recovery of possession. The plaintiffs (respondents 1 and 2) sought to be declared sole heirs of deceased Periasamy Gounder. The trial court allowed the application based on exhibits P1 to P4, which included medical records from 2016 showing the third respondent suffered from schizophrenia. The petitioners (defendants 3 and 4) argued that under Order 32 Rule 15 CPC, the court must examine the person alleged to be of unsound mind before appointing a guardian. The High Court noted that the medical records were from 2016, nearly nine years prior, and there was no material to indicate the present mental state of the third respondent. The court held that Order 32 Rule 15 read with Order 32 Rule 3 CPC requires the court to ascertain the current mental condition, either by examining the person or obtaining a fresh medical certificate. The impugned order was set aside and the matter remanded to the trial court for fresh consideration after examining the third respondent and obtaining a current medical certificate.
Headnote
A) Civil Procedure - Guardian Appointment - Person of Unsound Mind - Order 32 Rule 15, Order 32 Rule 3 CPC - The court must ascertain the present mental state of the alleged person of unsound mind before appointing a guardian; reliance on stale medical records without examining the person is insufficient. The trial court's order allowing appointment of guardian based on 2016 medical records was set aside and remanded for fresh consideration after examining the third respondent and obtaining a current medical certificate. (Paras 5-7)
Issue of Consideration
Whether the trial court was justified in appointing a guardian for a defendant alleged to be of unsound mind based on medical records from 2016 without examining the person or ascertaining his present mental state.
Final Decision
The High Court set aside the order dated 09-09-2025 in IA No. 155 of 2016 in OS No. 48 of 2014 and remanded the matter to the trial court for fresh consideration. The trial court was directed to examine the third respondent and obtain a current medical certificate regarding his mental state before appointing a guardian.
Law Points
- Order 32 Rule 15 CPC requires court to ascertain present mental state before appointing guardian
- Order 32 Rule 3 CPC mandates examination of alleged person of unsound mind
- stale medical records insufficient for guardian appointment
Case Details
CRP No. 270 of 2026 and CMP.No.1307 of 2026
M.Rajasekar for petitioners, C.R.Prasanan for respondent 2
M. Kalisamy and M. Palanisamy
Subbathal (Died), Rangammal, A. Duraisamy, Selvaraj, M. Pappannan
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Nature of Litigation
Civil revision petition against order appointing guardian for a defendant alleged to be of unsound mind in a suit for declaration of title and recovery of possession.
Remedy Sought
Petitioners (defendants 3 and 4) sought to set aside the trial court's order allowing appointment of guardian for the third respondent (first defendant).
Filing Reason
The trial court appointed a guardian for the third respondent based on medical records from 2016 without examining him or ascertaining his present mental state.
Previous Decisions
The trial court allowed IA No. 155 of 2016 in OS No. 48 of 2014 on 09-09-2025, appointing a guardian for the third respondent.
Issues
Whether the trial court can appoint a guardian for a person of unsound mind based on stale medical records without examining the person or obtaining a current medical certificate.
Whether Order 32 Rule 15 read with Order 32 Rule 3 CPC requires the court to ascertain the present mental state before appointing a guardian.
Submissions/Arguments
Petitioners argued that under Order 32 Rule 15 CPC, the court must examine the person alleged to be of unsound mind before appointing a guardian.
Respondents argued that exhibits P1 to P4 (medical records from 2016) conclusively proved the third respondent's mental illness, justifying the guardian appointment.
Ratio Decidendi
Under Order 32 Rule 15 read with Order 32 Rule 3 CPC, the court must ascertain the present mental state of a person alleged to be of unsound mind before appointing a guardian. Stale medical records, without examination of the person or a current medical certificate, are insufficient to justify guardian appointment.
Judgment Excerpts
Now, nearly nine years have gone. What is the present mental state of affairs of the third respondent has to be ascertained by the court below.
In such circumstances, the order passed by the court below is set aside and the matter is remanded back to the trial court for fresh consideration.
Procedural History
The respondents 1 and 2 filed OS No. 48 of 2014 for declaration of title and recovery of possession. They filed IA No. 155 of 2016 seeking appointment of guardian for the first defendant (third respondent) who was alleged to be of unsound mind. The trial court allowed the application on 09-09-2025. The petitioners (defendants 3 and 4) filed CRP No. 270 of 2026 challenging that order.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 32 Rule 3, Order 32 Rule 15
