Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXXII · Suits by or against minors and persons of unsound mind

5Representation of minor by next friend or guardian for the suit.

Order 32, Rule 5

(1) Every application to the Court on behalf of a minor, other than an application under rule 10, sub-rule (2), shall be made by his next friend or by his guardian for the suit.

(2) Every order made in a suit or on any application, before the Court in or which a minor is in any way concerned or affected, without such minor being represented by a next friend or guardian for the suit, as the case may be, may be discharged, and, where the pleader of the party at whose instance such order was obtained knew, or might reasonably have known, the fact of such minority, with costs to be paid by such pleader.

Order 32, Rule 5 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.