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CODE OF CIVIL
ORDER XXXII SUITS BY PROCEDURE 1908

OR AGAINST MINORS ORDER XXXI SUITS

AND PERSONS OF BY OR
TRUSTEES,
AGAINST

UNSOUND MIND - RULE EXECUTORS AND

ADMINISTRATORS
1, 2, 3, 4, 5, 6, 7, 8 OF
CODE OF CIVIL What is Representation of

PROCEDURE 1908 beneficiaries in suits

concerning property vested

Can Minor to sue by next in trustees, etc.? What is
friend? Where suit is instituted Joinder of trustees,
without next friend, plaint to be
executors and
taken off the file? Security to be
furnished by next friend when administrators? Is Husband

so ordered, Should Guardian of married executrix not to

for the suit to be appointed by join? Rule 1, 2 and 3 of

Court for minor defendant? Order XXXI of Code of Civil
Who may act as next friend or Procedure 1908
be appointed guardian for the
suit? Representation of minor SPONSORED SEARCHES
by next friend or guardian for Temporary Guardianship
the suit, Receipt by next friend
Child Custody
or guardian for the suit of
property under decree for
minor, Agreement or ORDER XXXII SUITS
BY OR AGAINST
compromise by next friend or MINORS AND
guardian for the suit, PERSONS OF
Retirement of next friend? Rule UNSOUND MIND
1, 2, 3, 4, 5, 6, 7 and 8 of Order
XXXII of Code of Civil Can Minor to sue by next
Procedure 1908 friend? Where suit is
instituted without next friend,
Family Law -
Spousal Support -
plaint to be taken off the file?
Property & Estate…
Security to be furnished by
next friend when so ordered,
Minor to sue by next friend, Where suit is
instituted without next friend, plaint to be Should Guardian for the suit
taken off the file, Security to be furnished to be appointed by Court for
by next friend when so ordered,
Guardian for the suit to be appointed by minor defendant? Who may
Court for minor defendant, Who may act act as next friend or be
as next friend or be appointed guardian
appointed guardian for the
for the suit, Representation of minor by
next friend or guardian for the suit, suit? Representation of
Receipt by next friend or guardian for the
minor by next friend or
suit of property under decree for minor,
Agreement or compromise by next friend guardian for the suit, Receipt
or guardian for the suit and Retirement by next friend or guardian for
of next friend are defined under Rule 1, 2,
3, 4, 5, 6, 7 and 8 of Order XXXII of Code the suit of property under
of Civil Procedure 1908. Provisions decree for minor, Agreement
under these Rules are:
or compromise by next

Rule 1 Order XXXII of Code of Civil Procedure friend or guardian for the

1908 "Minor to sue by next friend" suit, Retirement of next

friend? Rule 1, 2, 3, 4, 5, 6,

Every suit by a minor shall be Instituted in his name 7 and 8 of Order XXXII of

by a person who in such suit shall be called the Code of Civil Procedure

next friend of the minor. 1908

Explanation-In this Order, "minor" means a person What is Removal of next

who has not attained his majority within the friend? What is Stay of

meaning of section 3 of the Indian Majority Act, proceedings on removal,

1875 (9 of 1875) where the suit relates to any of the etc., of next friend? How is
matters mentioned in clauses (a) and (b) of section the Retirement, removal or

2 of that Act or to any other matter. death of guardian for the

suit? What is the Course to
Rule 2 Order XXXII of Code of Civil Procedure be followed by minor plaintiff
1908 "Where suit is instituted without next or applicant or attaining
friend, plaint to be taken off the file" majority? Where minor co-

plaintiff attaining majority

(1) Where a suit is instituted by or behalf or on desires to repudiate suit?
behalf of a minor without a next friend, the What is Unreasonable or
defendant may apply to have the plaint taken off the improper suit? Rules 1 to 14
file, with costs to be paid by the pleader or other (except rule 2A) to apply to
person by whom it was presented. persons of unsound mind,

Savings, Rule 9, 10, 11, 12,

(2) Notice of such application shall be given to such 13, 14, 15, 16, 17 and 18 of
person, and the Court, after hearing his objections Order XXXII of Code of Civil
(if any) may make such order in the matter as it Procedure 1908
thinks fit.
ORDER XXXII A SUITS
RELATING TO
2A. Security to be furnished by next friend when so
MATTERS
ordered CONCERNING THE
FAMILY

(1) Where a suit has been instituted on behalf of the

What is Application of the
minor by his next friend, the Court may, at any
Order? Are Proceedings to
stage of the suit, either of its own motion or on the
be held in camera? What is
application of any defendant, and for reasons to be
the Duty of Court to make
recorded, order the next friend to give security for
efforts for settlement? How
the payment of all costs incurred or likely to be
to get Assistance of welfare
incurred by the defendant.
expert? What is the Duty to
inquire into facts? What is
(2) Where such a suit is instituted by an indigent
"Family"-meaning of? Rule
person, the security shall include the court-fees
1, 2, 3, 4, 5 and 6 of Order
payable to the Government.
 XXXII A of Code of Civil
(3) The provisions of rule 2 of Order XXV shall, so Procedure 1908
far as may be, apply to a suit where the Court
SPONSORED SEARCHES
makes an order under this rule directing security to
Settlement Claims
be furnished.
Settlement Agreement

Free Guardianship Forms Rule 3

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XXXII of Code of Civil Procedure 1908 "Guardian ORDER XXXIII SUITS
BY INDIGENT
for the suit to be appointed by Court for minor PERSONS
defendant"
What is the meaning of Suits
(1) Where the defendant is a minor the Court, on may be instituted by indigent
being satisfied of the fact of his minority, shall person? What Inquiry into
appoint a proper person to be guardian for the suit the means of an indigent
for such minor. person? What is Contents of
application? What is
(2) An order for the appointment of a guardian for Presentation of application?
the suit may be obtained upon application in the What is Examination of
name and on behalf of the monor or by the plaintiff. applicants? What is
Rejection of application?
(3) Such application shall be supported by an What is Notice of day for
affidavit verifying the fact that the proposed receiving evidence of
guardian has no interest in the matters in applicant’s indigency? Rule
controversy in the suit adverse to that of the minor 1, 2, 3, 4, 5 and 6 of Order
and that he is a fit person to be so appointed. XXXIII of Code of Civil

Procedure 1908
(4) Order shall be made on any application under
this rule except upon notice to any guardian of the What is the Procedure at

minor appointed or declared by an authority hearing? What is the

competent in that behalf, or, where there is no such Procedure if application

guardian, upon notice to the father or where there is admitted? What is

no father or mother, to other natural guardian, of the Withdrawal of permission to

minor, or, where there is no father, mother or other sue as an indigent person?
natural guardian, to the person in whose care the What is Costs where
minor is, and after hearing any objection which may indigent person succeeds?
be urged on behalf of any person served with notice What is the Procedure
under this sub-rule. where Indigent person fails?
What is the Procedure
(4A) The Court may, in any case, if it thinks fit, issue where indigent persons suit
notice under sub-rule (4) to the minor also. abates? State Government
may apply for payment of
(5) A person appointed under sub-rule (1) to be court-fees Rule 7, 8, 9, 10,
guardian for the suit for a minor shall, unless his 11 and 12 of Order XXXIII of

appointment is terminated by retirement, removal or Code of Civil Procedure

death, continue as such throughout all proceedings 1908
arising out of the suit including proceedings in any
Appellate or Revisional Court and any proceedings State Government to be

in the execution of a decree. deemed a party? How to do

Recovery of amount of
Rule 3A Order XXXII of Code of Civil Procedure court-fees? What is Refusal
1908 "Decree against minor not to be set aside to allow applicant to sue as
unless prejudice has been caused to his indigent person to bar
interests" subsequent application of
like nature? What is Grant of
(1) No decree passed against a minor shall be set time for payment of court-
aside merely on the ground that the next friend or fee? Costs, How to Defence
guardian for the suit of the minor had an interest in by an indigent person? What
the subject-matter of the suit adverse to that of the is the Power of Government
minor, but the fact that by reason of such adverse to provide for free legal
interest of the next friend or guardian for the suit, services to indigent person?
prejudice has been caused to the interests of the Rule 13, 14, 15, 16, 17 and
minor, shall be a ground for setting aside the 18 of Order XXXIII of Code
decree. of Civil Procedure 1908

(2) Nothing in this rule shall preclude the minor from

obtaining any relief available under any law by ORDER XXXIV SUITS
RELATING TO
reason of the misconduct or gross negligence on MORTGAGES OF
the part of the next friend or guardian for the suit IMMOVABLE
PROPERTY
resulting in prejudice to the interests of the minor.

Who are the Parties to suits

Rule 4 Order XXXII of Code of Civil Procedure
for foreclosure sale and
1908 "Who may act as next friend or be
redemption? What is
appointed guardian for the suit"
Preliminary decree in
foreclosure suit? What is
(1) Any person who is of sound mind and has
Final decree in foreclosure
attained majority may act as next friend of a minor
suit? What is Preliminary
or as his guardian for the suit:
decree in suit for sale? What
is Final decree in suit for
Provided that the interest of such person is not
sale? What is Recovery of
adverse to that of the minor and that he is not, in
balance due on mortgage in
the case of a next friend, a defendant, or, in the
suit for sale? What is
case of a guardian for the suit, a plaintiff.
Preliminary decree in
redemption suit? Rule 1, 2,
(2) Where a minor has a guardian appointed or
3, 4, 5, 6 and 7 of Order
declared by competent authority, no person other
XXXIV of Code of Civil
than such guardian shall act as the next friend of
Procedure 1908
the minor or be appointed his guardian for the suit

unless the Court considers, for reasons to be

What is Final decree in
recorded, that it is for the minor’s welfare that
redemption suit? What is
another person be permitted to act or be appointed,
Recovery of balance due on
as the case may be.
mortgage in suit for
redemption? What is Decree
(3) No person shall without his consent in writing be
where nothing is found due
appointed guardian for the suit.
or where mortgagee has

been overpaid, Costs of

(4) Where there is no other person fit and willing to
mortgagee subsequent to
act as guardian for the suit, the Court may appoint
decree? What is Power of
any of its officers to be such guardian, and may
direct that the costs to be incurred by such officer in Court to direct mortgagee to
the performance of his duties as such guardian pay mesne profits? What is

shall be borne either by the parties or by any one or Payment of interest? What is

more of the parties to the suit, or out of any fund in Sale of property subject to
Court in which the minor is interested or out of the prior mortgage? What is

property of the minor, and may give directions for Application of proceeds?
the repayment or allowance of such costs as justice What is Suit for sale

and the circumstances of the case may require. necessary for bringing
mortgaged property to sale?
Rule 5 Order XXXII of Code of Civil Procedure What is Mortgages by the
1908 "Representation of minor by next friend or deposit of title deeds and
guardian for the suit" charges? Rule 8, 9, 10, 11,

12, 13, 14 and 15 of Order

(1) Every application to the Court on behalf of a XXXIV of Code of Civil
minor, other than an application under rule 10, sub- Procedure 1908
rule (2), shall be made by his next friend or by his

guardian for the suit. ORDER XXXV

INTERPLEADER

(2) Every order made in a suit or on any application,

What is Plaint in
before the Court in or by which a minor is in any
interpleader-suit? Payment
way concerned or affected, without such minor
of thing claimed into Court,
being represented by a next friend or guardian for
What is the Procedure
the suit, as the case may be, may be discharged,
where defendant is suing
and, where the pleader of the party at whose
plaintiff? What is the
instance such order was obtained knew, or might
Procedure at first hearing?
reasonably have known, the fact of such minority,
Can Agents and tenants
with costs to be paid by such pleader.
may not institute interpleader

suits? What is Charge for

Rule 6 Order XXXII of Code of Civil Procedure
plaintiff’s costs? Rule 1, 2, 3,
1908 "Receipt by next friend or guardian for the
4, 5 and 6 of Order XXXV of
suit of property under decree for minor"
Code of Civil Procedure

1908
(1) A next friend or guardian for the suit shall not, ORDER XXXVI
SPECIAL CASE
without the leave of the Court, receive any money
or other movable property on behalf of a minor What is the Power to state
either- case for Courts opinion?
Where value of subject-
(a) by way of compromise before decree or order, matter must be stated? Rule
or 1 and 2 of Order XXXVI of

Code of Civil Procedure

(b) under a decree or order in favour of the minor.
1908

(2) Where the next friend or guardian for the suit ORDER XXXVII
has not been appointed or declared by competent
SUMMARY
PROCEDURE
authority to be guardian of the property of the minor,
or, having been so appointed or declared, is under What are the Court and
any disability known to the Court to receive the classes of suits to which the
money or other movable property, the Court shall, if Order is to apply? What is
it grants him leave to receive the property, require the process for Institution of
such security and give such directions as will, in its summary suits? What is the
opinion, sufficiently protect the property from waste. Procedure for the
and ensure its proper application: appearance of defendant?

What is the Power to set

Provided that the Court may, for reasons to be aside decree? What is the
recorded, dispense with such security while Power to order bill, etc., to
granting leave to the next friend or guardian for the be deposited with officer of
suit to receive money or other movable property Court? What is Recovery of
under a decree or order where such next friend or cost of noting non-
guardian- acceptance of dishonoured

bill or note? What is the

(a) is the manager of a Hindu undivided family and Procedure in suits? Rule 1,
the decree or order relates to the property business 2, 3, 4, 5, 6 and 7 of Order
of the family; or XXXVII of Code of Civil
Procedure 1908
(b) is the parent of the minor.
Rule 7 Order XXXII of Code of Civil Procedure ORDER XXXVIII
ARREST AND
1908 "Agreement or compromise by next friend ATTACHMENT
or guardian for the suit" BEFORE JUDGMENT

(1) No next friend or guardian for the suit shall, Where defendant may be

without the leave of the Court, expressly recorded called upon to furnish

in the proceedings, enter into any agreement or security for appearance?

compromise on behalf of a minor with reference to Security, What is Procedure

the suit in which he acts as next friend or guardian. on application by surety to

be discharged? Procedure
Where defendant fails to
(1A) An application for leave under sub-rule (1)
shall be accompanied by an affidavit of the next furnish security or find fresh

friend or the guardian for the suit, as the case may security? Rule 1, 2, 3, and 4

be, and also, if the minor is represented by a of Order XXXVIII of Code of

pleader, by the certificate of the pleader, to the Civil Procedure 1908

effect that the agreement or compromise proposed

Where defendant may be
is, in his opinion, for the benefit of the minor :
called upon to furnish

security for production of

Provided that the opinion so expressed, whether in
property? Attachment where
the affidavit or in the certificate shall not preclude
cause not shown or security
the Court from examining whether the agreement or
not furnished? What is the
compromise proposed is for the benefit of the
Mode of making
minor.
attachment? What is

Adjudication of claim to
(2) Any such agreement or compromise entered
property attached before
into without the leave of the Court so recorded shall
judgment? How is Removal
be voidable against all parties other than the minor.
of attachment when security

Rule 8 Order XXXII of Code of Civil Procedure furnished or suit dismissed?

1908 "Retirement of next friend" What is Attachment before

judgment not to affect rights

(1) Unless otherwise ordered by the Court, a next of strangers, nor bar decree

friend shall not retire without first procuring a fit -holder from applying for
person to be put in his place and giving security for sale? What is the meaning

the costs already incurred. Property attached before

judgment not to be re-

(2) The application for the appointment of a new attached in execution of

next friend shall be supported by an affidavit decree? What are the

showing the fitness of the person proposed and Provisions applicable to

also that he has no interest adverse to that of the attachment? Is Agriculture

minor. produce not attachable

before judgment? Is Small

Cause Court not to attach

immovable property? Rule 5,

6, 7, 8, 9, 10, 11, 12 and 13

of Order XXXVIII of Code of

Civil Procedure 1908

ORDER XXIX
TEMPORARY
INJUNCTIONS AND
INTERLOCUTORY
ORDERS

What are the Cases in which

temporary injunction may be

granted? What is Injunction

to restrain repetition or

continuance of breach,
Consequence of

disobedience or breach of

injunction, Before granting

injunction? Is Court to direct

notice to opposite party? Is

Court to dispose of

application for injunction

within thirty days? Can
Order for injunction may he

discharged, varied or set

aside? Is Injunction to

corporation binding on its

officer? Rule 1, 2, 2A, 3, 3A,

4 and 5 of Order XXIX of

Code of Civil Procedure

1908

What is the Power to order

interim sale? What is

Detention preservation,

inspection, etc., of subject-

matter of suit? What is the

meaning of Application for

such orders to be after

notice? When party may be

put in immediate possession

of land the subject-matter of

suit? What is Deposit of

money, etc. in Court? Rule 6,

7, 8, 9 and 10 of Order XXIX

of Code of Civil Procedure

1908

ORDER XL
APPOINTMENT OF
RECEIVERS

What is the process of

Appointment of receivers?

Remuneration, Duties, How

to do Enforcement of

receiver's duties? When

 Collector may be appointed

receiver? Rule 1, 2, 3, 4 and

5 of Order XL of Code of
Civil Procedure 1908

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