Guardian ad litem protection applies where mental infirmity prevents a party from safeguarding litigation interests.

Order XXXII Rule 15 applies not only to a person formally adjudged of unsound mind, but also to a person found on inquiry to be incapable, by reason of mental infirmity, of protecting his interests in litigation. The provision distinguishes mental infirmity from unsoundness of mind and does not require a formal enquiry under the lunacy law before protective representation is ordered. On the materials considered, including medical opinion and evidence of markedly low intellectual functioning, the party was held unable to safeguard his interests, so appointment of a guardian ad litem was warranted and the proceedings were directed to continue through that guardian.

---

---

Issues: Whether a guardian ad litem could be appointed for a party who was not formally adjudged of unsound mind but was shown to be incapable of protecting his interests by reason of mental infirmity.

Analysis: Order XXXII Rule 15 extends the protective procedure to a person who, though not adjudged of unsound mind, is found on inquiry to be incapable, by reason of mental infirmity, of protecting his interests when suing or being sued. The Court distinguished unsoundness of mind from mental infirmity and held that a formal enquiry under the lunacy law was not required. On the materials before it, including medical opinion and the circumstances showing abnormally low intellectual functioning, the Court found that the party could not effectively safeguard his interests in the litigation.

Conclusion: The condition for appointment of a guardian ad litem was satisfied, and the appointment was warranted.

Final Conclusion: The Court granted the protective relief sought and directed that the proceedings continue with representation through a guardian ad litem for the affected party.

Ratio Decidendi: A guardian ad litem may be appointed under Order XXXII Rule 15 where the person is not formally adjudged insane but is found, on inquiry, to be incapable by reason of mental infirmity of protecting his interests in litigation.

---