JUDGMENT Devinder Gupta, J.—This appeal, under section 83 of the Indian Lunacy Act, 1912 (hereinafter referred to as the Act), has been preferred against the order passed on March 3, J980 by the District Judge, Hamirpur, directing the Medical Superintendent, Mental Hospital, Amritsar, to constitute a Board of Doctors for the examination of Krishan Kumar lunatic. 2. One Krishan Kumar son of Shri Shanoo, resident of Tika Darbeli, Tappa Majhog Samluhi, Tehsil and District Hamirpur was declared as luna tic by the District Judge, Hamirpur, on the basis of an order passed on March 6, 1976 in a petition moved in this behalf under section 71 of the Act by Niranjan Dass respondent No. 4, who is the brother of Krishan Kumar. Respondent No. 4 was appointed as manager of the estate of Krishan Kumar enabling him to manage his property and provide for his proper maintenance and such of the members of his family as were depen dant upon him for maintenance, if any. 3. On December 2, 1978, respondents No. 1 and 2, who, claimed themselves to be in occupation of the agricultural property of Krishan Kumar as tenants filed a petition under section 82 of the Act seeking a declaration that the unsoundness of the mind of Krishan Kumar had ceased and he was capable of managing his affairs and as such sought a direction ^ for removal of the manager One of the grounds mentioned in the application was to the effect that it was at the behest of respondent No. 4 that with a view to defeat their right of acquiring the proprietary rights with respect to the property held by them as tenants. Krishan Kumar was got declared as a lunatic but in fact he was capable of looking after his affairs. This application was resisted by the appellant as well as respondent No. 4 who are the brothers of Krishan Kumar. On April 9,1^79, the learned District Judge framed issues, one of which was as to whether Krishan Kumar had ceased to be on unsound mind and directed respondents No. 1 and 2 to produce their evidence. This application was resisted by the appellant as well as respondent No. 4 who are the brothers of Krishan Kumar. On April 9,1^79, the learned District Judge framed issues, one of which was as to whether Krishan Kumar had ceased to be on unsound mind and directed respondents No. 1 and 2 to produce their evidence. On the same day, an application was moved by respondents No. 1 and 2 praying for requisitioning the services of medical expert/Psychiatrist to examine the person of Krishan Kumar and to submit his report to the - court which respondents No. 1 and 2 prayed to be treated as an evidence in the case. On this application, an order was made presumably on the same day, calling upon Medical Superintendent, Mental Hospital, Amritsar, to examine Krishan Kumar and to submit his report to the court. Niranjan Dass, respondent No. 4, was directed to take steps for the production of Krishan Kumar before the Medical Superintendent, Mental Hospital, Amritsar on May 21, 1979 or on any other working day thereafter and the medical authorities were directed to admit Krishan Kumar in the hospital for medical examination. In pursuance to these directions, Krishan Kumar was medically examined and Dr. H. L. Sharma, Deputy Medical Superintendent, Punjab Mental Hospital, Amritsar, submitted his report, which reads as under ;— "1. Remains shabby and dirty. Cannot look after his personal hygiene. His cleanliness has to be looked after by the warders of the hospital. Has to be given bath. Can dress and undress himself, though very slowly and with difficulty. Has no toilet sense. Passes stool and urine whenever he is sitting and thus soils his clothes. 2. His attention can be aroused but for a very short time only. Cannot be sustained. Pronounciation is not very clear. Comprehension is low. Obeys simple commands. Has very poor general knowledge. Cannot tell the name of the Prime Minister of India. Does not know how many days in a week or days in a month. Cannot speak out days in correct sequence. Could count upto 30 correctly after three trials Cannot count backwards when asked to count 20-1, cannot do additions and substractions. Can name only two colours black and white. Could not name any other colour correctly. Cannot recognize currency notes and coins. 3. Emotionally looks dull. Typical look of a mentally retarded person. 4. Could count upto 30 correctly after three trials Cannot count backwards when asked to count 20-1, cannot do additions and substractions. Can name only two colours black and white. Could not name any other colour correctly. Cannot recognize currency notes and coins. 3. Emotionally looks dull. Typical look of a mentally retarded person. 4. In the ward, he keeps sitting wherever he is made to sit for hours together. Does not mix or communicate with other recovered patients of the ward or staff members of the hospital. Eats food when given. Keeps demanding Biris from others .repeatedly. Sits in a manner indicating low muscular strength. 5. He was also assessed by the Medical Psychologist of this hospital who has reported him to be a case of Mental Retardation with mental age around five years and I. Q around 30-35 years. 6. No psychotic features could be elicited in him neither during the various interview sessions nor in the psychological tests. Hence, I am of the opinion that he is a case of Mental Retardation having M. A. around 5 years and I. Q. around 30-35." 4. Respondents No. I and 2 filed objections to the report, which were refuted by Niranjan Dass, respondent No. 4. The court thereafter directed respondents No. 1 & 2 to produce evidence in support of their objections to the medical report. The case was thereafter listed for recording evidence on the objections but no evidence was produced by respondents No 1 and 2. Instead on January 11, 1980, an application was^ moved by them praying that in view of the objections raised by them, Krishan Kumar be got examined by constituting a Medical Board comprising persons from every branch of science concerning the medical health of Krishan Kumar. A reply was filed to the said application. The learned District Judge on March 3, 1980, passed the impugned order, which reads as under: "Parties Counsel. Petitioners request in application dated 11-1-1980 is to get Krishan Kumar examined from a Board of Doctors to have their opinion as to his mental state. He is ready to stand as charges Medical Superintendent Mental Hospital, Amritsar be directed to constitute a Board of Doctors for examination of Krishan Kumar, A fee of Rs. 200 be put for the Doctors to start with. Rs. He is ready to stand as charges Medical Superintendent Mental Hospital, Amritsar be directed to constitute a Board of Doctors for examination of Krishan Kumar, A fee of Rs. 200 be put for the Doctors to start with. Rs. 50-00 be put for covering TA of Krishan Kumar and one who will accompany him to such Board. Superintendent be requested to send for the person before such Board through Niranjan Dass and whose address be conveyed to it. Report be sought in two months. Put up on 3-6-80. Pr. Fee etc. in two days." 5.This appeal has been filed by one of the brothers of Krishan Kumar, questioning the legality, validity and propriety of the order. 6. I have heard the learned Counsel for the parties and have also gone through the records of the case. The appeal deserves to be allowed for the reasons to be stated hereinafter. The learned Counsel for the appellant argued that the impugned order was passed by the District Judge without application of mind and without setting aside the earlier report about the mental state of Krishan Kumar. Section 82 of the Act reads as under:— "82. Proceedings in lunacy to cease or to be set aside if Court finds that the unsoundness of mind has ceased. —(1) When any person has been found under this Chapter to be of unsound mind, and it is subsequently shown to the District Court that there is reason to believe that such unsoundness of mind has ceased, such Court may make an order for inquiring whether such person is still of unsound mind and incapable of managing himself and his affairs. (2) The inquiry shall, as far as may be, conducted in the same manner as is prescribed in this Chapter for an inquisition into the unsoundness of mind of an alleged lunatic, and if it is found that the unsoundness of mind has ceased, the Court shall order all proceedings in the lunacy to cease or to be set aside on such terms and conditions as to the Court may seem fit." The section provides for adopting the same procedure for enquiring as to whether a person is still of unsound mind and capable of managing himself his affairs which is required to be followed at the initial stage and is containd in sections 40 and 41 of the Act which pay by reproduced hereunder 3— "40. Notice of time and place of inquisition,—{I) Notice shall be given to the alleged lunatic of the time and place at which it is proposed to hold the inquisition. (2) If it appears that personal service on the alleged lunatic would be in effectual, the Court may direct such substituted service of the notice as it thinks fit. (3) The Court may also direct a copy of such notice to be served upon any relative of the alleged lunatic and upon any other person to whom in the opinion of the Court notice of the application should be given, 41. Powers of Court in respect of attendance and examination of lunatic—(1) The Court may require the alleged lunatic to attend at such convenient time and place as it may appoint for the purpose of being personally examined by the Court, or by any person from whom the Court may desire to have a report of the mental capacity and condition of such alleged lunatic. (2) The Court may likewise make an order authorising any person or persons therein name to have access to the alleged lunatic for the purpose of a personal examination." 7. A person seeking the setting aside of the original order must produce some prima facie evidence before the Court to enable it to come to a conclusion and to form an opinion that the order requires modification. In the absence of such prima facie evidence or material, the court will not be justified in reopening the proceedings. A person seeking the setting aside of the original order must produce some prima facie evidence before the Court to enable it to come to a conclusion and to form an opinion that the order requires modification. In the absence of such prima facie evidence or material, the court will not be justified in reopening the proceedings. In the instant case, the averments made in the petition moved by respondents No. 1 and 2 were not sufficient enough to have warranted the reopening of the proceedings, nor any prima facie material was produced by them to enable the Court to form an opinion, as envisaged under section 82 of the Act It was during the course of hearing of the petition and that also at the behest of respondents No. 1 and 2 that a report was called and the Medical Superintendent submitted his report which on the face of it was sufficient to have enabled the court to farm an opinion about the mental state of health of Krishan Kumar. Without there being any further evidence in support of the objections to this report, the court was not justified in making an order directing the Medical Superintendent to constitute a Board of Medical Experts. In view of the provision contained in sections 40 and 41, it was incumbent upon the court to have personally examined Krishan Kumar by getting him produced in court. It is the personal satisfaction of the District Judge which enables him to come to the conclusion that the unsoundness of mind is such as to make the person concerned incapable of managing his affairs. A person who is incapable of managing his affairs is not necessarily of unsound mind and a person of unsound mind may not be incapable of managing his affairs. The court must come to the conclusion that both uasoundness of mind and incapacity to manage the affairs are present and that the latter is due to the former. Unsoundness of mind implies some unusual feature of mind as has tended to make it different from the normal and has in effect impaired the mans capacity to look after his affairs in a manner in which another person without such mental irregularity would be able to do in a matter of his own, 8. The position of the District Judge under the provisions of the Act is partly judicial and partly administrative. The position of the District Judge under the provisions of the Act is partly judicial and partly administrative. The Act lays down that if the Judge has reasons to believe that the unsoundness of mind has ceased, he may make an order asking inquisition into the state of mind of the person affected. The functions of the District Judge in making such inquisition are clearly to satisfy himself by the examination of the person affected, by a consideration of opinion of expert and by such other evidence as the District Judge may choose to call of the state of mind of the person so concerned. Notices are also required to be issued to the relatives likely to be interested in the result of his action, who are also to be heard in the matter. In examining the lunatic, the law requires greatest care and delicacy to be observed and does not intend that the lunatic should be subjected to the examination as a witness by the parties of their lawyer. 9. The court was possessed of sufficient material in the form of medical report referred to above. In the face of such a report there was no need to have passed an order constituting a medical Board and more especially when there was no material produced by respondents No. i and 2 to discredit the correctness of the same. The report on the face of it shows that Krishan Kumar had some unusual features of the mind which had tended to make him different from a normal human being. The only intention of respondents No. 1 and 2 appears to be of acquiring proprietary rights in the land owned by the lunatic and to achieve that object, without any material of prima facie nature, as was required to be produced before the court for initiation of proceedings under section 82, they appeared to have set the ball rolling by moving the petition and thereafter continued to drag on the proceedings. Without having considered the report of the medical expert and without the examination of the lunatic it cannot be said that the District Judge had applied his mind while passing the impugned order. In the result, the appeal succeeds and is allowed. Without having considered the report of the medical expert and without the examination of the lunatic it cannot be said that the District Judge had applied his mind while passing the impugned order. In the result, the appeal succeeds and is allowed. The impugned order is set aside and a direction is issued to the District Judge, Hamirpur, to continue the proceedings by following the procedure prescribed under the Act and as discussed in this judgment. 10. Respondents No. 1 and 2 will pay the costs of the appellant which are quantified at Rs. 500. The costs shall be paid to respondent No. 4 on the first date of hearing when the parties will appear before the District Judge. The amount of costs will be utilised for the maintenance and up-keep of the lunatic. 11. Parties are directed to appear before the District Judge, Hamirpur on October 25, 1990. 12. Before parting with the judgment, it may be observed that respondent No. 4, who was appointed as manager of the lunatic has failed to furnish the inventory/accounts in respect of the property and its income as provided under section 76 of the Act and the Court below has also failed to notice such lapse. Failure to render accounts half yearly as is required under the Act, for a period of number of years, is actionable. It is the duty of the court, that in case accounts are not rendered in time, to call upon the manager to render the same and also to see the accuracy thereof as is required under section 77 of the Act. Courts duty is not over merely by appointing a manager but thereafter too it has to keep a close watch as to how the affairs of the property of the lunatic are being managed by the manager. The authority of the manager continues during the life time of the lunatic In the present case, the District Judge will also call upon the manager (respondent No. 4) to comply with the requirement of law indicated above. Order accordingly. -