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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXII: Suits By Or Against Minors And Persons Of Unsound Mind

Order XXXII Rule 2 CPC: Where suit is instituted without next friend, plaint to be taken off the file

Bare Act text

2. Where suit is instituted without next friend, plaint to be taken off the file.—(1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented.

(2) 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 thinks fit.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person who presented it. Notice of the application is given to that person, and the Court, after hearing his objections, if any, may make such order as it thinks fit.

Order XXXII: Suits By Or Against Minors And Persons Of Unsound Mind

  1. 1 Minor to sue by next friend
  2. 2 Where suit is instituted without next friend, plaint to be taken off the file
  3. 2A Security to be furnished by next friend when so ordered
  4. 3 Guardian for the suit to be appointed by Court for minor defendant
  5. 3A Decree against minor not to be set aside unless prejudice has been caused to his interest
  6. 4 Who may act as next friend or be appointed guardian for the suit
  7. 5 Representation of minor by next friend or guardian for the suit
  8. 6 Receipt by next friend or guardian for the suit of property under decree for minor
  9. 7 Agreement or compromise by next friend or guardian for the suit
  10. 8 Retirement of next friend
  11. 9 Removal of next friend
  12. 10 Stay of proceedings on removal, etc., of next friend
  13. 11 Retirement, removal or death of guardian for the suit
  14. 12 Course to be followed by minor plaintiff or applicant on attaining majority
  15. 13 Where minor co-plaintiff attaining majority desires to repudiate suit
  16. 14 Unreasonable or improper suit
  17. 15 Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind
  18. 16 Savings