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Jonnagadla Subbaya Vs. Thatiparthi Senadala Buthaya and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1884)ILR6Mad380
AppellantJonnagadla Subbaya
RespondentThatiparthi Senadala Buthaya and ors.
Excerpt:
civil procedure code, section 463 - lunatic defendant--guardian ad litem--act xxxv of 1858. - innes and kernan, jj.1. under act xxxv of 1858, the court can be moved only by a relative or by a person who is a curator under act xix of 1841 to make the inquiry under act xxxv of 1858.2. possibly, it may be worth the while of the defendants, or some of them, to move a competent court for this purpose.3. unless the first defendant is thus declared a lunatic, a guardian cannot it appears, be appointed under chapter xxxi of the civil procedure code.
Judgment:

Innes and Kernan, JJ.

1. Under Act XXXV of 1858, the Court can be moved only by a relative or by a person who is a curator under Act XIX of 1841 to make the inquiry under Act XXXV of 1858.

2. Possibly, it may be worth the while of the defendants, or some of them, to move a competent Court for this purpose.

3. Unless the first defendant is thus declared a lunatic, a guardian cannot it appears, be appointed under Chapter XXXI of the Civil Procedure Code.


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