IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36357 of 2008(C)
1. V.K.KOMAN NAIR, AGED 69 YEARS,
... Petitioner
Vs
1. VINOD K.K, AGED 44 YEARS, S/O.KUMARAN,
... Respondent
For Petitioner :SRI.P.C.HARIDAS
For Respondent :SRI.K.THAVAMONY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :17/12/2008
O R D E R
K.P. Balachandran, J.
--------------------------
W.P.(C)No.36357 of 2008 C
--------------------------
JUDGMENT
Heard counsel for the petitioner/defendant and
the counsel for the respondent/plaintiff.
2. Petitioner, who is the defendant in O.S.No.
280/07 on the file of the Munsiff’s Court, Pala,
filed I.A.No.244/08 in the said suit to conduct an
enquiry under Order XXXII Rule 15 CPC, as the suit
was filed by the plaintiff represented by his wife
as the next friend and guardian. Counsel on both
sides submit that inquisition had not been
conducted by the court below before granting
permission to the guardian to conduct the suit on
behalf of the respondent/plaintiff. When it is
vehemently argued by the counsel for the
petitioner/defendant that the respondent/plaintiff
is not one who is not capable of understanding
things and managing his own affairs left to
himself, the court has a duty to ascertain by
conducting an inquisition of the plaintiff and
WPC 36357/08 2
satisfy itself as to whether the plaintiff is a
person who is competent and capable of
understanding things and managing his own affairs.
For the purpose, the court should have conducted an
inquisition by questioning the plaintiff and
ascertained his mental capability. Such course
having not been adopted at the stage of appointing
his wife as the guardian, I direct the court below
to conduct a proper inquisition to get satisfied as
regards the mental condition of the respondent/
plaintiff. If the court finds that the plaintiff is
competent to manage his own affairs and understands
things as an ordinary prudent man, the court shall
remove the guardian and direct the suit being
prosecuted by the plaintiff himself. If it is
otherwise and the court is satisfied that the
plaintiff is not capable of managing his own
affairs, the order permitting him to be represented
by his wife as the next friend and guardian shall
continue to be in force. Counsel for the
WPC 36357/08 3
petitioner is directed to produce a copy of this
judgment in the court below forthwith to enable the
court below to act as per the directions given
above.
The writ petition is disposed of with the above
directions. Issue copy of this judgment to the
counsel for the petitioner forthwith.
17th December, 2008 (K.P.Balachandran, Judge)
tkv