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february 2003

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.

SMT. KASTURI BAI vs SMT. ANGURI CHAUDHARY · Niyam