(1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.
(2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.
(3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed.
(4) Order shall be made on any application under this rule except upon notice to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian of the minor, or, where there is no father, mother or other natural guardian, to the person in whose care the minor is, and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule.
(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.
(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his appointment is terminated by retirement, removal or death, continue as such throughout all proceedings arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in the execution of a decree.
Order XXXII Rule 1 CPC Minor to sue by next friend
Order XXXII Rule 2 CPC Where suit is instituted without next friend, plaint to be taken off the file
Order XXXII Rule 2a CPC Security to be furnished by next friend when so ordered
Order XXXII Rule 3 CPC Guardian for the suit to be appointed by Court for minor defendants
Order XXXII Rule 4 CPC Who may act as next friend or be appointed guardian for the suit
Order XXXII Rule 5 CPC Representation of minor by next friend or guardian for the suit
Order XXXII Rule 7 CPC Agreement or compromise by next friend or guardian for the suit