Order XXXII of the Code of Civil Procedure, 1908 (CPC) outlines the procedures for suits involving minors and persons of unsound mind in India. This order ensures that such individuals are adequately represented and protected in legal proceedings, acknowledging their limited capacity to safeguard their interests.

DEFINITIONS

• Minor: As per Section 3 of the Indian Majority Act, 1875, a minor is an individual who has not attained the age of 18 years. However, if a guardian has been appointed for the minor’s person or property, or if the property is under the supervision of a Court of Wards, the age of majority extends to 21 years.

• Person of Unsound Mind: This term refers to individuals incapable of protecting their interests due to mental infirmity. The court may determine a person’s mental capacity either before or during the suit.

PURPOSE OF ORDER XXXII

The primary objective of Order XXXII is to safeguard the legal rights of minors and persons of unsound mind by ensuring they are properly represented in court. Given their inability to make informed decisions, the law mandates the appointment of a ‘next friend’ or ‘guardian ad litem’ to act on their behalf.

PROVISIONS UNDER ORDER XXXII

1. Rule 1: Minor to Sue by Next Friend
   Every suit on behalf of a minor must be instituted in the minor’s name by an adult person termed as the ‘next friend.’ This ensures that the minor’s interests are adequately represented.

2. Rule 2: Suit Without Next Friend
   If a suit is filed on behalf of a minor without a next friend, the defendant can apply to have the plaint removed. The court may then dismiss the suit or allow the plaintiff to appoint a next friend and continue the proceedings.

3. Rule 3: Guardian for Minor Defendant
   When a minor is a defendant, the court must appoint a guardian for the suit, known as a ‘guardian ad litem,’ to represent the minor’s interests throughout the litigation.

4. Rule 4: Who May Act as Next Friend or Be Appointed Guardian for the Suit
   Any person who is of sound mind and has attained majority can act as a next friend or be appointed as a guardian for the suit, provided their interests do not conflict with those of the minor. The person must consent to act in this capacity.

5. Rule 5: Representation of Minor by Next Friend or Guardian for the Suit
   A minor cannot enter into any agreement or compromise in a suit without the leave of the court. This provision ensures that any settlement is in the best interest of the minor.

6. Rule 6: Receipt by Next Friend or Guardian for the Suit of Property under Decree for Minor
   A next friend or guardian cannot receive any money or movable property on behalf of a minor without the court’s permission. This rule protects the minor’s property from potential misuse.

7. Rule 7: Agreement or Compromise by Next Friend or Guardian for the Suit
   No agreement or compromise on behalf of a minor is valid without the court’s approval. The court must be satisfied that the compromise is beneficial to the minor.

8. Rule 8: Retirement of Next Friend
   A next friend cannot retire without the court’s permission. The court ensures that a suitable replacement is appointed to protect the minor’s interests.

9. Rule 9: Removal of Next Friend
   The court may remove a next friend if it finds that the person’s interest is adverse to that of the minor or if there is any other sufficient cause.

10. Rule 10: Stay of Proceedings on Removal, etc., of Next Friend
    If a next friend is removed, retires, or dies, the court may stay the proceedings until a new next friend is appointed.

11. Rule 11: Retirement, Removal, or Death of Guardian for the Suit
    Similar to the next friend, a guardian for the suit cannot retire without the court’s permission. In case of removal or death, the court will appoint a new guardian.

12. Rule 12: Course to be Followed by Minor Plaintiff or Applicant on Attaining Majority
    Upon reaching majority, a minor plaintiff must elect whether to proceed with the suit. The court may order the necessary alterations in the pleadings and documents.

13. Rule 13: Where Minor Co-Plaintiff Attains Majority
    If a minor co-plaintiff attains majority and wishes to repudiate the suit, they must apply to the court for dismissal of their part of the claim.

14. Rule 14: Unreasonable or Improper Suit
    If a next friend or guardian for the suit has instituted an unreasonable or improper suit on behalf of a minor, the court may order the costs to be borne by the next friend or guardian personally.

15. Rule 15: Application of Rules to Persons of Unsound Mind
    The provisions applicable to minors under this Order also apply to persons adjudged to be of unsound mind and persons incapable of managing their affairs.

16. Rule 16: Savings
    Nothing in this Order precludes a minor from obtaining any relief by means of an independent suit.

CASE LAWS

• Ramchandra Arya v. Man Singh, AIR 1968 SC 954: In this case, the Supreme Court held that any agreement or compromise entered into on behalf of a minor without the court’s sanction, as required under Order XXXII Rule 7, is voidable at the instance of the minor.

• Kasturi Bai v. Anguri Chaudhary, AIR 2003 SC 689: The Supreme Court emphasized that the appointment of a guardian ad litem is mandatory when a minor is a defendant. Failure to appoint a guardian renders the proceedings null and void against the minor.

LEGAL MAXIMS AND PRINCIPLES

• Parens Patriae: This principle empowers the court to act as a guardian to protect the rights of individuals who are unable to protect themselves, such as minors and persons of unsound mind.