Order XXXII Rule 14 CPC - Unreasonable or Improper Suit
Order XXXII Rule 14 of the Code of Civil Procedure, 1908 enables a person who was a minor when a civil suit was filed in their name by a next friend to seek dismissal after attaining majority, if the suit was unreasonable or improper. The court may also decide who should bear the costs.
Order XXXII Rule 14 CPC - Statutory Provision
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.
Source: Code of Civil Procedure, 1908 - official India Code text (PDF).
Meaning and Scope of Order 32 Rule 14
Minor: A person who has not attained the age of majority under the law applicable to them. The general age of majority in India is 18 years, subject to applicable statutory qualifications.
Next friend: The person who institutes or conducts a civil suit on behalf of a minor plaintiff under Order XXXII Rule 1. A next friend acts in a representative capacity and must protect the minor's interests.
Sole plaintiff: The only plaintiff named in the suit. Rule 14 expressly applies where the person who was a minor is the sole plaintiff; a former minor who is a co-plaintiff should also consider the distinct procedure under Order XXXII Rule 13.
Unreasonable or improper suit: A suit that, on examination of the circumstances, the court finds should not reasonably or properly have been brought in the minor's name. A mere change of preference after attaining majority does not automatically establish the statutory ground.
How to Apply for Dismissal After Attaining Majority
1. Establish majority and the basis of the application
The former minor, being the sole plaintiff, may apply to the court handling the suit and explain why the action instituted by the next friend was unreasonable or improper. Relevant pleadings, documents and surrounding circumstances may be relied upon.
2. Serve notice on all concerned parties
Under sub-rule (2), notice of the application must be served on all parties concerned. This gives affected persons an opportunity to respond before the court decides the request.
3. Obtain a reasoned judicial determination
The court examines whether the alleged unreasonableness or impropriety is established. Dismissal under Rule 14 is discretionary, not automatic merely because the plaintiff has attained majority.
Who Pays the Costs of an Unreasonable or Improper Suit?
If satisfied that the suit was unreasonable or improper, the court may allow the application and order the next friend to pay the costs of all parties relating to the application and steps already taken in the suit. Alternatively, the court may make another order it considers fit. The next friend is therefore not automatically liable in every case.