(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit:
Provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff.
(2) Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the Court considers, for reasons to be recorded, that it is for the minor's welfare that another person be permitted to act or be appointed, as the case may be.
(3) No person shall without his consent in writing be appointed guardian for the suit.
(4) Where there is no other person fit and willing to act as guardian for the suit, the Court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in Court in which the minor is interested or out of the property of the minor, and may give directions for the repayment or allowance of such costs as justice and the circumstances of the case may require.
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 3A CPC Decree against minor not to be set aside unless prejudice has been caused to his interests
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 6 CPC Receipt by next friend or guardian for the suit of property under decree for minor
Order XXXII Rule 7 CPC Agreement or compromise by next friend or guardian for the suit