Order XXXII Rule 13 CPC - Where Minor Co-Plaintiff Attaining Majority Desires to Repudiate Suit

Text of Order XXXII Rule 13 CPC

(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.

Meaning and scope of Order XXXII Rule 13

Minor: A person who has not attained the age of majority under the applicable law. Under the Majority Act, 1875, the general age of majority in India is 18 years, subject to applicable statutory exceptions.

Co-plaintiff: One of two or more persons jointly bringing a civil suit. Repudiate the suit: In this context, to decline to continue as a plaintiff after attaining majority. Next friend: The person who conducts proceedings on behalf of a minor plaintiff under Order XXXII.

Necessary party: A person whose presence is essential for the court to pass an effective and complete decree in the dispute. Whether a particular person is necessary depends on the claims and relief sought.

Procedure after attaining majority

1. Application to remove the co-plaintiff's name

Under sub-rule (1), the former minor must apply to have their name struck out as co-plaintiff. If the court finds that the applicant is not a necessary party, it shall dismiss the applicant from the suit on terms as to costs or otherwise that it considers fit.

2. Notice to affected parties

Sub-rule (2) requires service of notice of the application on the next friend, every co-plaintiff and the defendant. This allows affected persons to be heard before the court decides the application.

3. Court's discretion regarding costs

Under sub-rule (3), the court decides who must pay the costs of the application and all or part of the proceedings already taken in the suit. Costs are not automatically imposed on the applicant.

4. Where the applicant remains a necessary party

Under sub-rule (4), the court may direct that the applicant be made a defendant instead of being removed altogether. This preserves the participation of a person needed for effective adjudication.

Difference between Rule 12 and Rule 13

Order XXXII Rule 12 primarily concerns a minor plaintiff or applicant electing to continue or abandon proceedings after attaining majority. Rule 13 specifically addresses a minor co-plaintiff who, after attaining majority, wishes to repudiate the suit and have their name struck out.

Related provisions and official legal sources

Order XXXII of the Code of Civil Procedure, 1908 governs suits by or against minors and persons covered by Rule 15. Order I Rule 10 addresses the addition, removal and substitution of parties in civil suits, and may be relevant to party status where applicable.

For the current statutory text and any applicable amendments, consult the Government of India's India Code portal and search for the Code of Civil Procedure, 1908 (Act 5 of 1908). State amendments and local court rules should also be checked where relevant.

Frequently asked questions

Can a minor co-plaintiff leave a suit upon turning 18?

The person may apply under Order XXXII Rule 13 after attaining majority. Removal depends on the court's determination, particularly whether the applicant is a necessary party.

Must notice be given before removal?

Yes. Rule 13(2) requires notice to the next friend, any co-plaintiff and the defendant.

Can the court make the former minor a defendant?

Yes. Rule 13(4) allows this where the applicant is a necessary party to the suit.