Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6247 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 325 of 2025 Petitioner :- Vijay Kumari Respondent :- Ram Krishna Verma And 4 Others Counsel for Petitioner :- Suyesh Pradhan Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and perused the record.
2. This writ petition has been filed by the petitioner challenging the order dated 22.11.2022 passed in Civil Suit No. 871 of 2009 as well as the revisional order dated 21.02.2024.
3. Brief facts of the case are that the petitioner was appointed as a guardian of a person, who was unsound mind. Subsequently, the said plaintif died during the pendency of the suit. Legal heirs of the said deceased moved an application and withdrew the suit. Aggrieved against the said, the petitioner, who was appointed as a guardian moved an application for recall, which was dismissed and thereafter the revision was also dismissed.
4. The contention of the counsel for the petitioner is that once the petitioner was appointed a guardian under Order 32 CPC, she has a right to protect the interest of the person for whom, she was appointed a guardian even after the death. The said submission was repelled by both the Courts.
5. Considering the mandate of Order 32 Rule 3 read with Order 32 Rule 15 CPC, the appointment of the petitioner as a guardian cannot continue after the death of the person for whom she was appointed as a guardian. She does not have any other independent claim over the property of the person who died during the pendency of the suit, as such, on both grounds, I do not see any reason
to interfere with the impugned order. The petition lacks merit and is accordingly dismissed. Order Date :- 30.1.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench