Judgment : Admit. Heard finally with consent of learned counsel for the parties. 2. This appeal filed under Section 76 of the Mental Health Act, 1987 (for short, the said Act) takes exception to the order dated 03/05/2014 passed by the District Court, Nagpur rejecting the application filed by the appellant under Section 52 of the said Act as not being maintainable on the ground that guardian was sought to be appointed in respect of a mentally retarded person. 3. According to the applicant, one Kum. Netra who was his elder sister who was suffering from intractable Epilepsy since the age of 16 years. It is his further case that his elder sister was entitled for family pension on account of death of her father. However, the authorities had advised the applicant to furnish a legal guardianship certificate. As said Kum. Netra was mentally ill, present proceedings for appointing a guardian were initiated. In these proceedings, the learned District Judge found that the procedure prescribed by Sections 50 and 51 of the said Act was required to be followed. After considering the certificates at Exhibits-21 and 23, a finding was recorded that the proceedings were not maintainable as Kum. Netra was suffering from mental retardation and therefore she could not be termed to a “mentally ill person” under Section 2(l) of the said Act. Accordingly, the application came to be rejected as not being maintainable. 4. Perusal of the impugned order indicates that though the learned District Judge had called for report from the Civil Surgeon under provisions of Section 50(2) of the said Act, the procedure as prescribed by Section 50(4) of the said was not followed. As per provisions of Section 50(4) of the said Act, the District Court is required to appoint two or more persons to act as assessors. It is only after the entire procedure prescribed by Section 50 of the said Act is completed that the District Court can record a finding under Section 51 of the said Act as to whether the concerned person is infact mentally ill or not. 5. The finding which is recorded under Section51 has far reaching consequences and is relevant even for the purposes of appointment of guardian of a mentally ill person. Therefore the entire prescribed procedure was required to be duly followed. The finding that Kum. 5. The finding which is recorded under Section51 has far reaching consequences and is relevant even for the purposes of appointment of guardian of a mentally ill person. Therefore the entire prescribed procedure was required to be duly followed. The finding that Kum. Netra was mentally retarded and therefore the proceedings were not maintainable has been arrived at without following the complete prescribed procedure. 6. In view of aforesaid discussion, the impugned order is liable to be set aside and the proceedings would have to be directed to be reconsidered by following the prescribed procedure. Accordingly the following order is passed : (i) The order dated 03/05/2014 passed in Misc. Civil Application No.44/2013 is set aside. (ii) The proceedings are remanded for fresh consideration with a direction to the District Court to comply with the procedure prescribed by Section 50 of the said Act in its entirety. (iii) As the application was filed in January 2013, the District Court shall decide aforesaid proceedings expeditiously and by the end of February 2016. (iv) Appeal is allowed in aforesaid terms with no order as to costs.