First Schedule — Order XXXII: Suits by or Against Minors and Persons of Unsound Mind

Order 32 Rule 5 — Representation of minor by next friend or guardian for the suit

Code of Civil Procedure, 1908 · Free to read

(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.