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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 12 CPC: Course to be followed by minor plaintiff or applicant on attaining majority

Bare Act text

12. Course to be followed by minor plaintiff or applicant on attaining majority.—(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.

(2) Where be elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name.

(3) The title of the suit or application shall in such case be corrected so as to read henceforth thus:

“A.B., late a minor by C.D., his next friend, but now having attained majority.”.

(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant, apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant or opposite party or which may have been paid by his next friend.

(5) Any application under this rule may be made ex parte but no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.

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

A minor plaintiff, or a minor on whose behalf an application is pending, must on attaining majority elect whether to proceed. If he elects to proceed, he applies for an order discharging the next friend and for leave to proceed in his own name, and the title of the suit is corrected to show he was formerly a minor. If he elects to abandon, a sole plaintiff applies for dismissal on repaying the defendant's costs and any paid by the next friend. The application may be made ex parte, but a discharge of the next friend needs notice to him.

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
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