Supreme Court of India · 2003-02-05
SMT. KASTURI BAI vs SMT. ANGURI CHAUDHARY
- Citation / case number
- SC 2000/15086
- Court
- Supreme Court of India
- Petitioner
- SMT. KASTURI BAI
- Respondent
- SMT. ANGURI CHAUDHARY
- Bench
- S.B. SINHA & AR. LAKSHMANAN
Judgment text excerpt
The Supreme Court held that the Madhya Pradesh High Court's refusal to entertain an application under Section 151 of the Code of Civil Procedure, 1908 for recalling an order was improper. The Court emphasized that the appointment of a guardian under Order 32 Rule 15 CPC is essential when a party is unable to understand the proceedings due to age or mental incapacity. The Court set aside the High Court's order, allowing the application for recalling the order, thereby ensuring the rights of the elderly party were protected.