Madras High Court
CRP/1246/2023 of P.JANAKIRAMAN Vs G.GUNASEKARAN on 12 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1246 and 1356 of 2023
CNR:{HCMA010216352023}
AND
CMP Nos. 8439 and 9101 OF 2023
1. P.Janakiraman
S/o. G.Palani
2. P.Jagan
S/o. G.Palani
3. P.Anand
S/o. G.Palani
..Petitioner(s)
Vs
1. G.Gunasekaran
S/o. Late.N.Ramu
2. R.Mariammal
D/o late K.Ganesan
..Respondent(s)
CRP No. 1356 of 2023
CNR:{HCMA010216122023}
1. G.Palani
S/o Late K.Ganesan,
2. P.Janakiraman
S/o G.Palani,
3. P.Jegan
S/o G.Palani,
4. P.Anand
S/o G.Palani,
..Appellant(s)
Vs
1. G.Gunasekaran
S/o Late N.Ramu
2. P.Mariammal
D/o Late K.Ganesan
..Respondent(s)
CRP No. 1246 of 2023
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order dated 12.01.2023 made in MP
No.2 of 2022 in RLTOP No.18 of 2022 on the Principal District Munsif cum Rent court, Poonamallee, by allowing this Civil Revision Petition CRP No. 1356 of 2023
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order dated 12.01.2023 made in
I.A.No. 2 of 2022 in O.S.No. 277 of 2019 on the file of the Principal District Munsif Court, Poonamallee.
For Petitioner(s):
Mr.R.Prabakar
For Respondent(s):
Mr.K.A.Mariappan for
R1 and R2
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Common Order
These Civil Revision Petitions have been filed under Article 227 of the Constitution of India against the fair and decretal order passed in MP No.2 of 2022 in RLTOP No.18 of 2022 and I.A.No. 2 of 2022 in O.S.No. 277 of 2019, wherein the applications filed by the 1st respondent /3rd party under Order XXXII Rule 15 of CPC seeking permission to represent his mother, who is the respondent in RLTOP NO.18 of 2022 and plaintiff in OS No.277 of 2019 on the ground that she is suffering from mental ailments on account of the demise of her husband, came to be allowed by the Court below.
2. Heard the learned counsel appearing on both sides and carefully perused the materials available on record as well as the order passed by the Court below.
3. In the case in hand, the applications have been admittedly filed under Order XXXII Rule 15 of CPC, mainly on the ground that the original plaintiff in the suit /respondent in RLTOP proceedings is of unsound mind.
When such applications are filed, it is the duty of the Court to examine the concerned person and collect the necessary materials to satisfy itself as to whether the concerned person has to be adjudged as a person of unsound mind and in such a scenario, the applications filed by the son to represent his mother could have been considered.
4. The Court below failed to follow the procedure prescribed under law and instead, took into consideration the relationship between the parties and held that since the applications had been filed by none other than the son, he will be able to effectively represent his mother and prosecute the proceedings.
5. The above reasoning given by the Court below can be justified if the applications had been filed under Order III Rule 2 of CPC, seeking permission to enable the concerned party to be represented through an agent, who, in this case, is her son. However, the applications have been filed under Order XXXII Rule 15 of CPC and hence, the Court ought to have followed the procedure prescribed therein and adjudged whether the concerned person is of unsound mind. This procedure has not been followed by the Court below and accordingly, the orders passed by the Court below suffer from illegality on failure to exercise its jurisdiction and the same are liable to be interfered by this
Court in exercise of its jurisdiction under Article 227 of the Constitution of India.
6. In the result, the orders passed by the Court below is set-aside and both these Civil Revision Petitions are allowed. The matters are remanded back to the file of the Court below and the Court below is directed to follow the procedure under Order XXXII Rule 15 of CPC and take a decision. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order.
7. Considering the fact that the suit is of the year 2019 and the RLTOP proceedings are of the year 2022, the concerned Court is directed to dispose of the case within a period of three months after deciding the applications filed under Order XXXII Rule 15 of CPC. No costs. Consequently, the connected miscellaneous petitions are closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To The Principal District Munsif cum Rent court, Poonamallee,
N.ANAND VENKATESH J. RKA CRP No. 1246 and 1356 of 2023 AND CMP NOs. 8439 and 9101 OF 2023 12-10-2026