Supreme Court of India · 1967-12-08
RAM CHANDRA ARYA vs MAN SINGH & ANR.
- Citation / case number
- SC 1965/153
- Court
- Supreme Court of India
- Petitioner
- RAM CHANDRA ARYA
- Respondent
- MAN SINGH & ANR.
- Bench
- BHARGAVA, VISHISHTHA
Judgment text excerpt
The Supreme Court held that a decree passed against a lunatic without appointing a guardian-ad-litem is a nullity and void under Order 32 Rule 15 of the Code of Civil Procedure (Act 5 of 1908). Consequently, any sale executed under such a decree is void ab initio, meaning no rights can be acquired by the purchaser. The Court affirmed that since the lunatic died without heirs, the property escheated to the Maharaja of Jaipur, consistent with Hindu law principles.