Code of Civil Procedure, 1908 · Order XXXII: Suits By Or Against Minors And Persons Of Unsound Mind

Order XXXII Rule 13 CPC: Where minor co-plaintiff attaining majority desires to repudiate suit

Bare Act text

13. Where minor co-plaintiff attaining majority desires to repudiate suit.—(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit.

(2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant.

(3) The costs of all parties of such application, and of all or any proceedings theretofore had in the suit, shall be paid by such persons as the Court directs.

(4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant.

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 co-plaintiff who, on attaining majority, wishes to repudiate the suit must apply to have his name struck out. If he is not a necessary party, the Court dismisses him on such terms as to costs or otherwise as it thinks fit. Notice goes to the next friend, any co-plaintiff and the defendant, and the Court directs who pays the costs. If he is a necessary party, the Court may direct that he be made a defendant.