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

Order XXXII Rule 5 CPC: Representation of minor by next friend or guardian for the suit

Bare Act text

5. Representation of minor by next friend or guardian for the suit.—(1) Every application to the Court on behalf of a minor, other than an application under rule 10, sub-rule (2), shall be made by his next friend or by his guardian for the suit.

(2) Every order made in a suit or on any application, before the Court in or which a minor is in any way concerned or affected, without such minor being represented by a next friend or guardian for the suit, as the case may be, may be discharged, and, where the pleader of the party at whose instance such order was obtained knew, or might reasonably have known, the fact of such minority, with costs to be paid by such pleader.

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

Every application to the Court on a minor's behalf, other than one under rule 10(2), must be made by his next friend or guardian for the suit. An order made in a matter in which a minor is concerned or affected, without his being so represented, may be discharged. Where the pleader of the party who obtained the order knew or might reasonably have known of the minority, the discharge may be with costs to be paid by that pleader.