Code of Civil Procedure, 1908 / Order XXXII
Order XXXII Rule 6 CPC - Receipt of Money or Property for a Minor
Order XXXII Rule 6 of the Code of Civil Procedure, 1908 protects money and other movable property awarded or payable to a minor in civil proceedings. A next friend or guardian for the suit cannot receive such property on the minor's behalf without the court's permission.
Order XXXII Rule 6 - Statutory provision
Sub-rule (1): Prior leave of the court
(1) A next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other movable property on behalf of a minor either-
(a) by way of compromise before decree or order, or
(b) under a decree or order in favour of the minor.
Sub-rule (2): Security and directions for protection
(2) Where the next friend or guardian for the suit has not been appointed or declared by competent authority to be guardian of the property of the minor, or, having been so appointed or declared, is under any disability known to the Court to receive the money or other movable property, the Court shall, if it grants him leave to receive the property, require such security and give such directions as will, in its opinion, sufficiently protect the property from waste and ensure its proper application :
Provided that the Court may, for reasons to be recorded, dispense with such security while granting leave to the next friend or guardian for the suit to receive money or other movable property under a decree or order, where such next friend or guardian-
(a) is the manager of a Hindu undivided family and the decree or order relates to the property or business of the family; or
(b) is the parent of the minor.
Meaning of important legal terms
Minor: A person who has not attained majority under the applicable law. Order XXXII Rule 1 contains an explanation concerning minority, read with the law governing majority. The India Code portal provides access to the relevant enactments.
Next friend: A person who institutes and conducts a suit in the name of a minor plaintiff, subject to the requirements of Order XXXII.
Guardian for the suit: A person appointed to represent a minor defendant in litigation. Appointment for the suit does not automatically confer authority to receive the minor's property.
Leave of the Court: Judicial permission sought before receiving the specified property for the minor. It is distinct from the separate permission required for certain compromises under Order XXXII Rule 7.
Security: A safeguard, such as a bond or other arrangement directed by the court, to protect the minor's property and its proper application.
How Rule 6 operates
- Identify the payment or property: Determine whether money or other movable property is to be received for a minor through a compromise or under a decree or order.
- Apply for permission: The next friend or guardian for the suit should seek the court's leave before receiving it.
- Establish authority: The court considers whether the proposed recipient is also a duly appointed guardian of the minor's property and whether any known disability affects receipt.
- Comply with safeguards: Where sub-rule (2) applies, the court requires appropriate security and protective directions, subject to the limited statutory proviso.
- Account for the minor's interests: The property should be handled consistently with the court's directions and for the minor's benefit.
When may the court dispense with security?
The proviso to Rule 6(2) permits the court, for reasons recorded, to dispense with security when granting leave to receive money or movable property under a decree or order if the recipient is the minor's parent, or is the manager of a Hindu undivided family and the decree or order concerns family property or business. This is discretionary, not an automatic exemption from seeking leave. The proviso should not be assumed to cover every pre-decree compromise.
Related CPC provisions
Order XXXII Rule 1 governs suits by minors through next friends. Rule 3 concerns appointment of a guardian for a minor defendant. Rule 4 addresses eligibility. Rule 7 governs agreements or compromises by a next friend or guardian for the suit.
Official statutory sources
Consult the India Code official legislation portal for the Code of Civil Procedure, 1908 (Act 5 of 1908), First Schedule, Order XXXII, Rule 6. Relevant High Court rules and State amendments should also be checked for the court and jurisdiction concerned.
This is general legal information. Court directions, local amendments and the facts of an individual case may affect the procedure.