📘 CIVIL PROCEDURE CODE (CPC) – ORDER XXXII

Preparation for RJS, DJS, PCS (J) and other Judicial Service Exams

📖 CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country.
Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam.

To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules
on all important aspects of this vital part of their syllabus:

⚖️ ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

Notice to be given before making the order – Rule 3(4)

• No order
• shall be made on any application under this rule
• except
• upon notice to a guardian of the minor: appointed or declared by an authority competent or
• upon notice to the father: where there is no such guardian
• upon notice to the mother: where there is no father
• upon notice to other natural guardian of the minor: where there is no father or mother
• upon notice to the person in whose care the minor is: where there is no father, mother or other natural guardian

Continuation of guardian for the suit – Rule 3(5)

• A person
• appointed to be guardian for the suit for a minor
• shall continue as such
• throughout all proceedings arising out of the suit
• including proceedings in any Appellate or Revisional Court and any proceedings in execution of a decree
• unless his appointment is terminated by retirement, removal or death

Who may act as next friend – Rule 4(1)

• Any person
• who is of sound mind and has attained majority
• may act as
• next friend of a minor
• or as his guardian for the suit

Provided that

• interest of such person is not adverse to that of the minor
• he is not a defendant in case of a next friend
• he is not a plaintiff in case of a guardian for suit

Rule 4(2)

• Where a minor has a guardian
• appointed or declared by competent authority
• no person other than such guardian
• shall act as the next friend of the minor
• or be appointed his guardian for the suit
• unless Court considers
• that it is for minor’s welfare that another person be permitted to act or be appointed

Rule 4(3)

• No person shall without his consent in writing
• be appointed guardian for the suit

Court officer as guardian for the suit – Rule 4(4)

• Where there is no other person fit and willing
• to act as guardian for the suit
• Court may appoint
• any of its officers to be such guardian
• and may direct
• that costs to be incurred by such officer in performance of his duties as such guardian
• shall be borne either by the parties to the suit
• or out of property of minor

Minor plaintiff or applicant attaining majority – Rule 12(1)

• A minor plaintiff, on attaining majority
• shall elect whether he will proceed with the suit

Rule 12(2)

• Where he elects to proceed with the suit:
• he shall apply
• for an order discharging the next friend
• and for leave to proceed in his own name

Rule 12(3)

• Title of the suit shall in such case be corrected so as to read thus:
• “A.B., late a minor, by C.D., his next friend but now having attained majority”

Rule 12(4)

• Where he elects to abandon the suit
• he shall if a sole plaintiff
• apply for an order to dismiss the suit
• on repayment of costs incurred by defendant
• or which may have been paid by his next friend

Rule 12(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

Minor co-plaintiff attaining majority – Rule 13(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
• 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

Rule 13(2)

• Notice of the application shall be served
• on the next friend, on any co-plaintiff and on the defendant

Rule 13(4)

• Where the applicant is a necessary party to the suit
• Court may direct him to be made a defendant

Unreasonable or improper suit – Rule 14(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

Rule 14(2)

• Notice of application shall be served on all parties and
• Court, upon being satisfied of such unreasonableness or impropriety
• grant the application and order the next friend
• to pay 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

Rules to apply to persons of unsound mind – Rule 15

• Rules 1 to 14
• shall apply to persons adjudged to be of unsound mind before or during the pendency of the suit and
• shall also apply to persons who, though not so adjudged
• are found by Court on enquiry to be incapable
• by reason of any mental infirmity, of protecting their interest when suing or being sued

Prepared by the academic team at Delhi Law Academy, Jaipur
For Judicial Services Examination Preparation

📘 Free Study Material for Judiciary Aspirants!

Download our FREE study material prepared by Delhi Law Academy’s expert faculty.

✅ Check Free Study Material

❓ Frequently Asked Questions (Order XXXII CPC)