Order XXXII (32) of C.P.C. and Chapter XII(12) of Civil Manual are relevant in respect of minor related provision
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- As per O.32 R. 1 - Minor to sue by next friend.
- As per R. 2- if suit on behalf of minor is instituted without next friend then Plaint to be taken off the file.
- As per R. 2A- if suit is instituted on behalf of minor by his next friend then at any stage of suit -Court either its own motion or on application of other side -order the next friend to give security for payment of all costs incurred or likely to be incurred by other side (i.e.defendant/opponent).
- As per R.3 of O. 32 of C. P. C. and Para 289 of Civil Manual -if defendant/opponent is minor at the time of filling of suit then court shall appoint proper person to be guardian for suit/application-As per above provisions it's duty of Plaintiff/Applicant to take necessary steps for appointment of Guardian.
-As per R. 6 of above order next friend or guardian for the suit shall not without leave of court receive any money /movable property on behalf of my either by way of compromise /decree /order.
- As per R. 7 of above order no next friend / guardian for suit shall without leave of court enter into agreement /compromise on behalf of minor. As R. 7(1-A) application for leave shall be accompanied by affidavit of next friend /guardian /certificate of pleader to the effect that agreement / compromise proposed is in his opinion for benefit of the minor.
- Retirement/ Removal of next friend please peruse R. 8 to 11 of above order.
- Procedure provided in R. 12/13 of above order if minor attain majority.
- Rules above of minor apply to person of Unsound Mind (except R. 2-A).
-As per S. 141 of C. P. C. -procedure provided in CPC in regards to suit shall be followed as far as it can be made applicable in all proceeding in any court of civil jurisdiction. So O. 32 is applicable to miscellaneous proceeding also.
- As per Article 60 of Limitation Act 1963- limitation of suit for setting aside transfer of property made by the guardian of ward (minor) is 3 year- which begins -when the ward attains majority.
- As per S. 8 of Hindu Minority and Guardianship Act 1956- Natural Guardian shall not without permission of the court mortgage/charge/transfer by sale, gift, exchange, otherwise, any part of immovable property of the minor /lease of any part of property of minor for term exceeding 5 years or for term extending more than 1 year beyond the date on which minor will attain majority. Application for the said permission be file in District Court as per S. 9 of Guardian and Wards Act 1890.While granting permission court ought to see necessity and advantage of the ward.
.........Please Comment and give Suggestions.
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- As per O.32 R. 1 - Minor to sue by next friend.
- As per R. 2- if suit on behalf of minor is instituted without next friend then Plaint to be taken off the file.
- As per R.3 of O. 32 of C. P. C. and Para 289 of Civil Manual -if defendant/opponent is minor at the time of filling of suit then court shall appoint proper person to be guardian for suit/application-As per above provisions it's duty of Plaintiff/Applicant to take necessary steps for appointment of Guardian.
-As per R. 6 of above order next friend or guardian for the suit shall not without leave of court receive any money /movable property on behalf of my either by way of compromise /decree /order.
- As per R. 7 of above order no next friend / guardian for suit shall without leave of court enter into agreement /compromise on behalf of minor. As R. 7(1-A) application for leave shall be accompanied by affidavit of next friend /guardian /certificate of pleader to the effect that agreement / compromise proposed is in his opinion for benefit of the minor.
- Retirement/ Removal of next friend please peruse R. 8 to 11 of above order.
- Procedure provided in R. 12/13 of above order if minor attain majority.
- Rules above of minor apply to person of Unsound Mind (except R. 2-A).
-As per S. 141 of C. P. C. -procedure provided in CPC in regards to suit shall be followed as far as it can be made applicable in all proceeding in any court of civil jurisdiction. So O. 32 is applicable to miscellaneous proceeding also.
- As per Article 60 of Limitation Act 1963- limitation of suit for setting aside transfer of property made by the guardian of ward (minor) is 3 year- which begins -when the ward attains majority.
- As per S. 8 of Hindu Minority and Guardianship Act 1956- Natural Guardian shall not without permission of the court mortgage/charge/transfer by sale, gift, exchange, otherwise, any part of immovable property of the minor /lease of any part of property of minor for term exceeding 5 years or for term extending more than 1 year beyond the date on which minor will attain majority. Application for the said permission be file in District Court as per S. 9 of Guardian and Wards Act 1890.While granting permission court ought to see necessity and advantage of the ward.
.........Please Comment and give Suggestions.
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