JUDGMENT : K. Harilal, J. The petitioner herein is the petitioner in unnumbered original petition on the files of the Family Court, Ettumanoor. He is the husband of the respondent herein. The aforesaid original petition was filed seeking a declaration that the marriage between the petitioner and the respondent is null and void. The case of the petitioner before the Family Court was that the respondent was suffering from mental disorder of serious nature even before the marriage and she had undergone treatment for the same. The respondent's parents kept it as a secret from the petitioner and thereby, obtained his consent for the marriage and the unsoundness of the respondent still continues. On the aforesaid premises, the petitioner has filed Ext.P2 application under Order XXXII Rule 15 of the Code of Civil Procedure to appoint her father, Mr. Thomas, Madathum Muriyil House, Kolladu P.O., Kottayam District, as the guardian of the original respondent. But, the office of the Family Court returned the original petition, without numbering the same to the petitioner for want of medical records, which would show the mental unsoundness of the respondent, on an endorsement made by the Judge to that effect. This original petition has been filed challenging the aforesaid order, whereby the Family Court returned the original petition as an unnumbered original petition. 2. Heard learned counsel for the petitioner and the learned counsel for the respondent. 3. It is the case of the petitioner that the respondent has been suffering from mental unsoundness of serious nature. Hence, he filed Ext.P2 application seeking to appoint her father Thomas, as her guardian to defend the original petition. The office of the Family Court returned the original petition for want of medical records to show that the respondent has been suffering from mental unsoundness, as alleged in the original petition. 4. Going by Order XXXII Rule 15, we find that Rules 1 to 14 of the Code of Civil Procedure shall apply to persons adjudged, before or during the pendency of the suit, to be of unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to be incapable, by reason of any mental infirmity, of protecting their interest when suing or being sued. 5. 5. Whether there is any illegality in returning the plaint and interlocutory application to appoint a guardian in a suit filed under Order XXXII Rule 15 of the CPC against a person of unsound mind, without numbering it for want of medical records to prove the respondent's unsoundness of mind. What is the nature and scope of enquiry under Order XXXII Rule 15 of the CPC? 6. According to Order XXXII Rule 15, rules 1 to 4 of the said order in respect of the suit, by or against minors, shall also be applied to a suit, by or against the persons of unsound mind, who are adjudged before or during the pendency of the suit to be of unsound mind and not so adjudged; but are found by the court on enquiry to be incapable of protecting his/her interest by reason of any mental infirmity. Thus, in a suit filed against a person of unsound mind, who is adjudged or not adjudged so, the court has to conduct an enquiry to determine whether he is incapable of protecting his interest or not and that power could never be delegated to the office of the court. It is needless to say the court shall examine the person, allegedly of unsound mind, by asking questions and an opportunity can be given to the party, who applies for appointing guardian also to put questions, if the party wants to do so, to test whether he is incapable to protect his interest when suing or being sued. So, the court has no power to return the plaint or interlocutory application seeking appointment of guardian, without numbering it, for want of medical records to prove the unsoundness of mind, on an endorsement to that effect by the Judge, without conducting a preliminary enquiry after the institution of the suit by or against a person of unsound mind. In short, judicial enquiry in court is sine qua non to determine, whether the alleged person of unsound mind is incapable of protecting his interest, by reason of any mental infirmity, before the return of the plaint filed against a person of unsound mind, under Order XXXII Rule 15 of the Code of Civil Procedure. The return of plaint and interlocutory application, without numbering, in a suit filed against a person of unsound mind, without conducting judicial enquiry by the court, is illegal and unsustainable under law. The return of plaint and interlocutory application, without numbering, in a suit filed against a person of unsound mind, without conducting judicial enquiry by the court, is illegal and unsustainable under law. 7. Hence, the impugned order is set aside. The petitioner is directed to refile the original of Exts.P1 to P3 before the Family Court, Ettumanoor, within a period of two weeks from the date of receipt of a copy of this judgment. The Family Court, Ettumanoor is directed to number the plaint and interlocutory application seeking to appoint a guardian and to conduct a preliminary enquiry as to the alleged incapacity of protecting the interest of the defendant and proceed in accordance with the findings thereon. The OP(FC) is disposed of accordingly.