Suit By Or Against Minors and persons of Unsound Mind

Suit By Or Against Minors and persons of Unsound Mind

1. Under Code of Civil Procedure 1908 order XXXIII every suit by a minor shall be instituted in his name by person who in such suit shall be called the next friend of the minor.
2. Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply t have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented.
3. Notice of such application shall be given to such person and the court after hearing his objections if any may make such order in the matter as it think fit.
4. 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.
5. An order for the appointment of a guardian for the suit may be obtained upon application in the same and on behalf of the minor or by the plaintiff.
6. 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.
7. No order shall be made on any application under this rule except upon notice to minor and to any guardian of the minor where there is no such guardian, upon notice to the father or other natural, of the minor or where there is no father or other natural guardian to the person in whose case the minor is and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule.

8. 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 continues as such through all proceedings arising out of the suit including proceedings in any appellate or revisional court and any proceedings in the execution of decree.

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