Code of Civil Procedure, 1908 | Order XXXII

Order XXXII Rule 2A CPC: Security to Be Furnished by Next Friend When So Ordered

Order XXXII Rule 2A of the Code of Civil Procedure, 1908 empowers a civil court, in a suit filed on behalf of a minor through a next friend, to direct the next friend to furnish security for the defendant's costs. This is a discretionary safeguard, not an automatic condition for every suit brought by a minor.

Text and meaning of Order XXXII Rule 2A CPC

Sub-rule (1): Security for the defendant's costs

Where a suit has been instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its own motion or on the application of any defendant, and for reasons to be recorded, order the next friend to give security for the payment of all costs incurred or likely to be incurred by the defendant.

The court may consider the issue on its own initiative or on a defendant's application. It must record reasons before ordering security. The security concerns costs already incurred or likely to be incurred by the defendant, and its amount and form depend on the court's order.

Sub-rule (2): Suit instituted by an indigent person

Where such a suit is instituted by an indigent person, the security shall include the court-fees payable to the Government.

When the relevant suit is instituted as an indigent-person suit, the security required under Rule 2A also covers court fees payable to the Government. Indigent-person proceedings are governed by Order XXXIII CPC, subject to the applicable rules and judicial orders.

Sub-rule (3): Application of Order XXV Rule 2

The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit where the Court makes an order under this rule directing security to be furnished.

Order XXV Rule 2 concerns the consequences of failure to furnish security when ordered. Its provisions apply to an Order XXXII Rule 2A direction only so far as may be, meaning they must be adapted to the context of litigation on behalf of a minor. The precise consequence depends on the procedural posture and the court's directions.

Who is a next friend, and why can security be required?

Under Order XXXII Rule 1, a suit by a minor is instituted in the minor's name through an adult representative called a next friend. The next friend conducts the litigation for the minor's benefit, subject to court supervision and the requirements of Order XXXII. A next friend is distinct from a guardian for the suit appointed for a minor defendant under Rule 3.

Rule 2A seeks to protect defendants from unrecoverable litigation costs in appropriate cases while preserving judicial scrutiny over claims brought for minors. The existence of a minor plaintiff does not, by itself, mean security must be furnished; the court exercises discretion and records its reasons.

How an application for security is considered

Suit by a minor: A suit must have been instituted on the minor's behalf through a next friend.
Request or court initiative: A defendant may apply, or the court may consider security on its own motion, at any stage.
Reasons and amount: The court assesses the circumstances and records reasons for requiring security for costs incurred or likely to be incurred.
Compliance: The next friend furnishes security in the manner and within the period specified by the court.
Non-compliance: Order XXV Rule 2 applies so far as appropriate; parties should follow the specific order and any available procedural remedy.

Example: A next friend files a civil suit on behalf of a minor. The defendant applies for security, explaining why recovery of costs may be difficult if the suit fails. After considering the application, the court may, for recorded reasons, require security proportionate to the relevant costs. The court is not required to grant the request merely because the defendant has made it.

Order XXXII Rule 1: Requires a minor plaintiff to sue through a next friend.
Order XXXII Rule 2: Deals with a suit instituted by a minor without a next friend.
Order XXXII Rule 4: Sets out who may act as next friend or guardian for the suit.
Order XXXII Rule 5: Addresses representation of minors in proceedings.
Order XXV Rule 2: Deals with failure to furnish security for costs when required by the court.
Order XXXIII: Governs suits by indigent persons, including relevant court-fee arrangements.

Official legal references

Read the Code of Civil Procedure, 1908 on India Code and consult Order XXXII Rule 2A together with Order XXV Rule 2 and applicable High Court amendments. The India Code official portal also provides access to central legislation. State amendments and court rules may affect local procedure.

This article explains the general CPC framework. The operative statutory text, applicable state amendments and the relevant court's procedural rules should be checked for a particular case.