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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 14 CPC: Unreasonable or improper suit

Bare Act text

14. Unreasonable or improper suit.—(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.

(2) Notice of the application shall be served on all the parties concerned; and the Court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order 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

A minor who, on attaining majority, is a sole plaintiff may apply for dismissal of a suit instituted in his name by his next friend on the ground that it was unreasonable or improper. Notice must be served on all parties concerned. If the Court is satisfied of the unreasonableness or impropriety, it may grant the application and order the next friend to pay the costs of all parties, or make such other 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