Skip to content
Saturday, 14 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 10 CPC: Stay of proceedings on removal, etc., of next friend

Bare Act text

10. Stay of proceedings on removal, etc., of next friend.—(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.

(2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new next friend appointed, any person interested in the minor or in the matter in issue may, apply to the Court for the appointment of one, and the Court may appoint such person 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

On the retirement, removal or death of a minor's next friend, further proceedings are stayed until a next friend is appointed in his place. If the minor's pleader fails, within a reasonable time, to take steps to get a new next friend appointed, any person interested in the minor or in the matter in issue may apply to the Court, which may appoint such person 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