The Himachal Pradesh High Court has dismissed a challenge to a land partition proceeding, holding that merely being deaf and unable to speak does not by itself establish that a person is of unsound mind or incapable of protecting his interests.
Justice Jyotsna Rewal Dua delivered the judgment in a writ petition concerning jointly owned property in Lahaul & Spiti.
Background of the Case
The petitioner, Neel Chand, and other co-sharers jointly owned the property. One of the co-sharers, Som Dev, had applied for partition under Section 123 of the Himachal Pradesh Land Revenue Act, 1954.
The Assistant Collector Second Grade framed the mode of partition on October 19, 2020. The petitioner challenged it before the Collector, arguing, among other things, that Som Dev was deaf and unable to speak and therefore a court guardian should have been appointed under Order 32 Rule 3 of the Civil Procedure Code.
Court’s Observation
The High Court noted that Som Dev had been repeatedly served with summons. He personally received summons on several occasions and signed them in Hindi. Despite being served, he did not appear and was eventually proceeded against ex parte.
"Merely because Sh. Som Dev was Deaf and Dumb, would not mean that Sh. Som Dev was a person of unsound mind."
The Court observed that the requirement for appointing a guardian under Order 32 Rule 3 would arise where it is shown that a person is unable to protect his interests because of mental infirmity. The record did not establish such a circumstance.
The Court also noted that Som Dev had been served before the appellate and revisional authorities and had himself raised no such objection.
Decision
The Court found no merit in the writ petition and dismissed it. The pending miscellaneous applications, if any, were also disposed of.
Case Details:
- Case Title: Neel Chand v. Divisional Commissioner, Mandi and Ors.
- Case Number: CWP No. 13174 of 2026
- Judge: Justice Jyotsna Rewal Dua
- Decision Date: August 4, 2026
