Guardian ad litem under mental infirmity: court inquiry must show incapacity to protect interests before appointment.

Order XXXII Rule 15 CPC permits appointment of a guardian ad litem not only for a person adjudged of unsound mind but also for a person found, after proper judicial inquiry, to be incapable of protecting his interests because of mental infirmity. The court must satisfy itself that the proposed guardian has no adverse interest and that the party cannot effectively conduct the litigation. On interaction with the respondent, the court noted incoherent and disjointed answers on basic matters of life, family, profession and affairs, which supported a finding of incapacity. The petitioner was therefore found entitled to appointment as guardian ad litem.

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Issues: Whether the petitioner should be appointed as guardian ad litem of her husband under Order XXXII Rule 15 of the Code of Civil Procedure, 1908, on the basis that he is incapable of protecting his interests by reason of mental infirmity.

Analysis: Order XXXII Rule 15 applies not only to a person adjudged to be of unsound mind, but also to a person found on inquiry to be incapable of protecting his interest because of mental infirmity. The provision requires the court to conduct a proper inquiry before appointing a guardian ad litem. The inquiry is aimed at assessing whether the party can effectively protect his interests in litigation, and the court must be satisfied that the proposed guardian has no adverse interest. On interaction with the respondent, the court found him unable to coherently answer basic questions about his life, profession, family, and affairs, and noted signs of disjointed, wavering, and repetitive responses, supporting a conclusion of incapacity to safeguard his interests.

Conclusion: The petitioner was held entitled to be appointed as guardian ad litem of respondent No. 3.

Ratio Decidendi: A guardian ad litem may be appointed under Order XXXII Rule 15 only after a judicial inquiry establishes that the party is incapable of protecting his interests by reason of unsoundness of mind or mental infirmity.

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