ORDER XXXII SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND - RULE 9, 10, 11, 12, 13, 14, 15, 16 OF CODE OF CIVIL PROCEDURE 1908

What is Removal of next friend? What is Stay of proceedings on removal, etc., of next friend? How is the Retirement, removal or death of guardian for the suit? What is the Course to be followed by minor plaintiff or applicant or attaining majority? Where minor co-plaintiff attaining majority desires to repudiate suit? What is Unreasonable or improper suit? Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind, Savings, Rule 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908

Removal of next friend, Stay of proceedings on removal, etc., of next friend, Retirement, removal or death of guardian for the suit, Course to be followed by minor plaintiff or applicant or attaining majority, Where minor co-plaintiff attaining majority desires to repudiate suit, Unreasonable or improper suit, Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind and Savings are defined under Rule 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of Order XXXII of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 9 Order XXXII of Code of Civil Procedure 1908 "Removal of next friend"

(1) Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or during the pendency of the suit, ceases to reside within 7[India], or for any other sufficient cause, application may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to costs as it thinks fit.

(2) Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared, who desires to be himself appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.

Rule 10 Order XXXII of Code of Civil Procedure 1908 "Stay of proceedings on removal, etc., of next friend"

(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place

(2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new friend appointed, any person interested in the minor or in the matter in issue may apply to the Court for the appointment of one, and the Court may appoint such person as it thinks fit.

Rule 11 Order XXXII of Code of Civil Procedure 1908 "Retirement, removal or death of guardian for the suit"

(1) Where the guardian for the suit desire to retire or does not do his duty, or where other sufficient ground is made to appear, the Court may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks fit.

(2) Where the guardian for the suit retires, dies or is removed by the Court during the pendency of the suit, the court shall appoint a new guardian in his place.

Rule 12 Order XXXII of Code of Civil Procedure 1908 "Course to be followed by minor plaintiff or applicant or attaining majority"

(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.

(2) Where he elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name.

(3) The title of the suit or application shall in such case be corrected so as to read henceforth thus:

"A.B., late a minor, by C. D., his next friend, but now having attained majority."

(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant, apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant or opposite party or which may have been paid by his next friend.

(5) Any application under this rule may be made ex parte but no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.

Rule 13 Order XXXII of Code of Civil Procedure 1908 "Where minor co-plaintiff attaining majority desires to repudiate suit"

(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit.

(2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant.

(3) The costs of all parties of such application, and of all or any proceedings theretofore had in the suit, shall be paid by such persons as the Court directs.

(4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant.

Rule 14 Order XXXII of Code of Civil Procedure 1908 "Unreasonable or improper suit"

(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.

(2) Notice of the application shall be served on all the parties concerned; and the Court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit.

Rule 15 Order XXXII of Code of Civil Procedure 1908 "Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind"

Rules 1 to 14 (except rule 2A) shall, so far as may be, 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.

Rule 16 Order XXXII of Code of Civil Procedure 1908 "Savings"

(1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing or being sued in the name of his State, or being sued by the direction of the Central Government in the name of an agent or in any other name.

(2) Nothing contained in this Order shall be construed as affecting or in any way derogating from the provisions of any local law for the time being in force, relating to suits by or against minors or by or against lunatics or other persons of unsound mind.

Home     About Us     Privacy Policy     Disclaimer     Sitemap