Order XXXII Rule 8 CPC - Retirement of Next Friend
Order 32 Rule 8 of the Code of Civil Procedure, 1908 regulates when a next friend representing a minor plaintiff may retire, and how a suitable replacement must be appointed.
Legal provision: Order XXXII Rule 8
Rule 8 - Retirement of next friend
(1) Unless otherwise ordered by the Court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred.
(2) The application for the appointment of a new next friend shall be supported by an affidavit showing the fitness of the person proposed and also that he has no interest adverse to that of the minor.
Meaning and purpose of the rule
A next friend is a competent person who conducts a civil suit on behalf of a minor plaintiff, as contemplated by Order XXXII Rule 1. The next friend is not necessarily the minor's legal guardian. Rule 8 protects the minor from being left without appropriate representation when the existing next friend wishes to withdraw.
Conditions for retirement
- Suitable successor: Ordinarily, the retiring next friend must procure a fit person willing and eligible to act in their place.
- Security for costs: Security for costs already incurred is ordinarily required, unless the court orders otherwise.
- Supporting affidavit: The application to appoint the new next friend must include an affidavit establishing the proposed person's fitness and absence of interests adverse to the minor.
- Court supervision: The court considers the proposed change and may make an appropriate order under the rule.
How to apply for substitution
An application may be presented in the pending civil suit identifying the retiring next friend, the proposed successor and the reasons for the change. It should address the costs already incurred and include the affidavit required by sub-rule (2). The court can consider whether the proposed person is suitable and whether any different direction about security is justified. Applicable court rules and procedural requirements should also be checked.
Related provisions under Order XXXII
Rule 4: Prescribes who may act as next friend or be appointed guardian for the suit, including the requirement that the person's interest not be adverse to the minor.
Rule 9: Deals with removal of a next friend on specified grounds, including conflict of interest or failure to perform duties. Removal differs from voluntary retirement under Rule 8.
Rule 10: Provides that, on retirement, removal or death of the next friend, further proceedings are stayed until another next friend is appointed.
Rule 12: Deals with the course to be followed when a minor plaintiff attains majority, including an application to discharge the next friend if the plaintiff elects to proceed in their own name.
Frequently asked questions
Can a next friend retire without naming a replacement?
Ordinarily no. Rule 8(1) requires a fit replacement and security for costs already incurred, unless the court orders otherwise.
Is an affidavit necessary for the new next friend?
Yes. Rule 8(2) requires an affidavit establishing the proposed person's fitness and confirming that their interest is not adverse to the minor.
What happens to the suit after retirement?
Under Order XXXII Rule 10, further proceedings are stayed until a replacement next friend is appointed.
Official statutory source
Read the Code of Civil Procedure, 1908 on India Code (official PDF). State amendments and applicable High Court rules should be checked for the relevant jurisdiction.
Legal information only; not a substitute for advice on the facts of a particular proceeding. Updated 16 October 2026.