Mian ZAHID DAULTANA vs Begum TEHMINA DAULTANA Ss — 2022 PLD 46 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 46 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: Mian ZAHID DAULTANA vs Begum TEHMINA DAULTANA Ss
Subject matter: Civil
Provisions referred to: S. 22---M; S. 41; S. 22; Civil Procedure Code (V of 1908); Punjab Mental Health Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mian ZAHID DAULTANA VS Begum TEHMINA DAULTANA Ss. 37, 41, 46 & 52---Civil Procedure Code (V of 1908), S.22---Mentally disordered person, death of---Proceedings against manager, abatement of---Appellant was appointed as manager by Court of Protection but he was removed on the charges of embezzlement---Plea raised by appellant was that after death of mentally disordered person, all proceedings emerging out of guardianship of mentally disordered person's assets and properties stood abated---Validity---Where right to sue was still in existence as enunciated under S.41(2) of Punjab Mental Health Ordinance, 2001, read with S.22, C.P.C., proceedings remained continue and did not abate---Guardian/manager of mentally disordered person was under inescapable bounded obligation to tender complete statement of accounts of assets, income and expenditure etc. of mentally disordered lady as required under law as well as orders of Court---Court of Protection was competent under Ss.37, 41(2) & 52 of Punjab Mental Health Ordinance, 2001, to direct guardian/manager to furnish requisite detail or appoint any commission/expert to obtain correct information regarding fulfilment of obligations by appellant---Any defiance found on the part of guardian / manager was to invite invocation of penal provisions of law---High Court declined to interfere in order passed by Court of Protection as there was no illegality, material irregularity or jurisdictional defect in the order---Appeal was dismissed in circumstances.

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