^7 p^ Petitioner HiQH COURT OF CHHATTSS6ARH AT BILASPUR WritPeUtion(C)No.2051 of 2007 Sayyed Jafer Uliah Khan, aged about 50 years, Son of Shri Mohammed Sarfi, Person of Unsound Mind, through the next Friend, Saful Hasan, aged aboiri 20 ysars Son of Shri Samtut Hasan, Resident of Gudakhu Line, Rajnandgaon (C.G.) Respondents 1. 2. Versus Bohitrara Dewangan, agsd about 35 years, Son ofShri Shyamlal Dewangan; TiSakram Dewangan, aged about 28 years Son of Shri Shyamlal Dewangan; Both residents of ViHage Baspaipara, Durga Taikies Road, Wari No.37, Rajnandgaon (C.G.) iqbai Dead Noorjahan agad about 60 years Wd/o Sayyad tqba! R/o Labour Colony, Rajnandgaon OWrit Petition under Article 227 of the Constitutton of India) Mr.P.K.C.Thwari, Sanior Advocate with Mr.Shashi Bhudian, eounsei for the petiSioner. Mr.P.K.Vsrma, Senior Advocate with Mr.P.R.Patankar, eoureel fcr rsspondants No.1 and 2. Ms Sunita Jain, counsei for respondent No.3. (SS: Hen'bls Mr. T.P. Sharffla, J.) ORDERfORAU (24-8-2011) 1. By this writ petition under Articie 2261227 ot the Constifcriaon of India the petitionere have chsllanged the iegality & propriety of the order dated 8.1.2007 passed by the District Judge, Rajnandgaoh in Civil Suit No.3- A/2005, whereby the Court below without f^ssing any erder in application fiied under Order 32 Ruie 1 of the Code of Civil Procedurs, 1908 (virtuatly read with Ruie 15 of ttie Code of Civil Procedure, 1908) (for short 'Cocte)) has passed the ordsr on the basis of appiication filed under Order 7 Ruie 11 of the Code. ^ss3'9^ /ys?%.'%, / -is,^ '^ ?A ,»>) -^ 2. i have hesrd iearned counsei for ths partsss and jaerusai fhe order impugned. 3. Learned counsel appsaring for the partiss frankiy admit ftat in compiiance of the impugned order, the petftioner has paid required Court fess as ordsred bythsCourtbslow. 4. As per provisions of Order 32 Rute 15 of tho CPC, the Gourt is requtred to inquire the matter reiating to incapabte, by rsason of any menta! infirmity of piaintiff/defendant. Order 32 Rute 15 of the Code rsads as under:- "15. Ruiss 1 to 14 (except rute 2A) to appiy to persons of unsound mind.- Ruies 1 to U (except rute 2A) shail, so far as msy be, apply , to persons adjudged, before or durtng the (»ndencyof the suit, to > be of unsound mind and shali ateo apply to pereons who, though - not so adjudged, are found by the Court on snquiry to be incapable, by reason of any mentai infirmity, of protecting their intersst when suing or being sued." 5. in the suit, specific appifcation under Order 32 Ruie 1 of the Code has been fiied on bshalf of fhe petitioner, therefef'e, Uie Court was undsr obli^tien to enquire into the matter in terms of Order 32 Ruis 15 af the Code before passing any such order, but the Court betow has not passed sych ordsr and the order passed by ths Court below has been eompiied bythe petittoner. 6. Therefore, the writ petition stands dispossd of with the direetion that the Court bslow after providing opportunity of hsaring to the partses shali decide the application fiisd under Order 32 Ruie 1 of the Cods in the light of Order 32 Rule 15 of the Code. After decision of such apptication, jf th®petifioner fiies appiication for recaiiing the order dated 8.1.2007 relating to paymeni af Court fees and satisfies the Court ttat th®pstitioner is not liabte for paymant of such Court fees, then the Court is at iibarty to corrsct its order or reeai! the order. No order as to costs. _-— Sd/- T.P. Sharma Judge ^ i^.