1.

Essentials of a Plaint (Order VII, Rule 1)

A plaint must contain:

1. Court name where the suit is filed.

2. Plaintiff’s details: name, description, residence.
3. Defendant’s details (if known).
4. Statement if plaintiff/defendant is minor or of unsound mind.
5. Facts constituting the cause of action and when it arose.
6. Facts showing Court jurisdiction.
7. Relief claimed.
8. Any set-off or relinquished portion of the claim.
9. Value of the subject matter (for jurisdiction and court fees).

2. Special Rules

 Money suits: State the precise amount, or approximate in case of mesne profits/unsettled accounts.
 Immovable property: Describe boundaries or identifiers.
 Suing as representative: Show actual interest and steps taken to sue.
 Defendant’s liability: Show why defendant can be called to answer.
 Exemption from limitation: State grounds if filed after limitation period.
 Relief: Must be stated specifically; general relief not mandatory.

3. Filing Procedure (Rules 9–10)

 List of documents produced or relied on must be annexed.

 Number of copies: One for each defendant plus two extra.
 Draft summons and fees to be presented.
 Chief ministerial officer signs documents after verification.
 Return of plaint: If filed in wrong Court, it can be returned with reasons.

4. Rejection of Plaint (Rule 11)

Plaint may be rejected if:

1. Does not disclose a cause of action.

2. Relief claimed is under-valued, and plaintiff fails to correct.
3. Relief is properly valued but insufficient stamp used, and plaintiff fails to supply.
4. Suit is barred by law.

Rejection does not prevent filing a fresh plaint for the same cause.

5. Documents (Rules 14–18)

 Documents on which plaintiff sues must be produced or copies filed.

 Other supporting documents must be listed.
 Documents not produced cannot be used later without leave of Court.
 Special provisions for negotiable instruments, shop books, and other entries.

6. Address for Service (Rules 19–25)

 Plaint must include an address for service within the Court’s jurisdiction.
 If party not found at address, service may be fixed to the door and sent by registered post.
 Change of address must be filed by verified petition.
7. Legal Representatives (Rule 26)

 In suits under Order XXII (death of a party):

o List legal representatives of plaintiff.
o Nominate person to notify Court of plaintiff’s death.
o Amend list or nomination anytime during proceedings.

10. Return of plaint (Section 10)

1. When it applies:
o At any stage of a suit, if the plaint is filed in the wrong court, the judge returns it so the
plaintiff can present it to the proper court.
2. Procedure on returning:
o The judge must endorse on the plaint:
 Date of presentation and return
 Name of the party presenting it
 Brief reason for returning it

Essentially, this ensures that a case goes to the competent court without outright rejecting it, giving the
plaintiff a chance to correct the filing.

11. Rejection of plaint (Section 11)

The court rejects a plaint (i.e., refuses to admit the suit) under the following circumstances:

Grounds Explanation

(a) Does not disclose a If the plaint, on its face, shows no legal basis for a claim. For example,
cause of action claiming maintenance when the parties aren’t legally married.

When the value of the claim (for court fees or pecuniary jurisdiction) is too
(b) Relief is under-valued
low, and the plaintiff fails to correct it despite court notice.

If the stamp duty on the plaint is insufficient and the plaintiff does not provide
(c) Insufficiently stamped
proper stamp paper within the time fixed.

When the law prevents the suit entirely, such as limitation, prior adjudication
(d) Suit barred by law
(res judicata), or statutory bar.

Q. Which facts under the plaint are to be considered towards cause of action?

Ans. Term cause of action represents all the requisites and facts which are necessary for the plaintiff to
prove, it means the whole material of facts which it is necessary for the plaintiff to allege and prove in order
to succeed.

Q. Is it mandatory upon the plaintiff to state specifically as to when cause of action occurred to him/ her?

Ans. Yes it is mandatory, cause of action as pre-requisite of law and necessary for the plaintiff to state
specifically when the cause of action for the suit arose.

Purpose

 To enable the court to determine jurisdiction and limitation.

 To inform the defendant which act/omission is being alleged.
 To clarify the timeline of events giving rise to the claim.
 To ensure the plaint is complete and maintainable under law.
Q. Where the material particulars as to when cause of action arose to plaintiff was not mentioned in plaint,
whether it meets the requirements of particulars mentioned in O. VII rule 1 or otherwise?

Ans. In the absence of material particulars as when cause of action arose to plaintiff, the plaint did not meet
the requirements the order VII rule 1 (e).

 Where A send a notice of demand to B with legal action, if he does not pay, and B challenges the
notice of demand, the cause of action so for B is concerned would be said to arise on the day when
subsequent notice is given.

Q. When jurisdiction of the court is disputed, what procedure the court shall adopt to decide the issue of
jurisdiction?

Ans. The court first decides the jurisdiction issue preliminarily by hearing parties and examining relevant
facts before proceeding with the suit and while deciding issue in respect of jurisdiction, the court considers
territorial, pecuniary, and subject-matter jurisdiction, along with the cause of action and parties’
residence or business place etc.

Q. What is the legality or propriety of that plaint, which is without mention of court fee for valuation and
jurisdiction of court?

Ans. Valuation of suit for subject matter not set out in the plaint for the purpose of jurisdiction and court fee
is not a plaint in eye of law and may be thrown out/ return.

 Plaintiff must state value of his relief, if he claims relief in respect of two or more distinct cause of
action, he should state valuation of each cause of action separately, as the court fee separately
payable in respect of each. Where the plaintiff claim relief in alternative, he should also state his
valuation in respect of two relief and the court fee is payable on the value of large relief.

Q. Is it correct that pecuniary jurisdiction of court is determined on the valuation of suit upon each relief of
the plaint?

Ans. Correct it is necessary to make in plaint in order to ascertain whether the suit is within the pecuniary
jurisdiction of the court.

Q. What may we call the prayer clause of plaint, whether it is substance or the form of the plaint.

Ans. It is substance of plaint.

Q. In which manner and mode the plaintiff may claim present, past and future mesne profit in his suit?.

Ans. Past mesne profits: Claimed as a specific amount, based on calculation up to the date of filing the suit.
Present mesne profits: Claimed for the period during pendency of the suit, with an estimated rate stated in the
plaint. Future mesne profit -------up to the delivery of possession.

Q. How provision of O. VII rule 4 apply on representative suit?

Ans. This rule should be strictly complied with. If that is not done the plaint may have to be rejected on
presentation.

Q. When the plaintiff failed to seek exemption for filling time barred suit in his plaint within rule 6, what
procedure the court shall adopt?
Ans. Court is bound to act suo-moto and reject time barred suit under sec. 3 of limitation act but plaintiff in
his suit had failed to claim exemption from law of limitation.

Q. Which type of relief, the appellate court is competent to grant ?

Ans. Equitable relief under O. VII rule 7

Q. What is the legal purport of subsequent events and claiming relief of that basis?

Ans. No, but he can amend title etc. to avoid multiplicity of the suit.

Q. Whether admitted plaint can be rejected as matter of procedure?

Ans. No. Once a plaint has been admitted under Order VII Rule 9 CPC, it cannot be rejected as a matter
of procedure merely because the court has admitted it. However, a plaint may still be rejected later under
Order VII Rule 11 CPC if any of the statutory grounds are discovered at any stage of the proceedings.

Q. Under what circumstances the Court may return the plaint on the point of jurisdiction?

Ans. Where the Court has not jurisdiction to intact entertain the suit.

Q. Remedies with plaintiff in case of return of plaint?

Ans. He may prefer appeal against such order, or he may present same plaint in the same court after
removing defects.

Q. Whether provision of rule 10 apply to original jurisdiction of High Court?

Ans. No.

Order X- EXAMINATION OF PARTIES BY THE COURT

 Rule 1:
o Court ascertains at first hearing whether allegations in pleadings are admitted or denied.
o Record all admissions and denials.
 Rule 1A:
o Court may adopt lawful procedures to expedite case.
o Can issue commission to examine witnesses/documents with parties’ consent.
o May use ADR methods (mediation, conciliation) with consent.
 Rule 2:
o Any party appearing in person, or companion able to answer, may be orally examined.
o Court can ask questions suggested by either party.
 Rule 3:
o Substance of oral examination must be reduced to writing by Judge.
o Written record forms part of the case record.
 Rule 4 (Refusal/Inability of Pleader):
o If pleader cannot answer material questions, Court may postpone hearing and direct party
to appear in person.
o If party fails to appear without lawful excuse, Court may pronounce judgment or make
suitable order.

Order XXXIX –

1. Temporary Injunctions – When Granted

 Court may grant temporary injunction if:

 o Property in dispute is in danger of being wasted, damaged, alienated, or wrongfully sold.
o Defendant threatens or intends to dispose of property to defraud creditors.
 Purpose: Prevent wasting, damaging, alienation, sale, removal, or disposition until disposal of
suit or further order.

2. Injunction to Restrain Repetition or Continuance of Breach

 Applicable in suits to restrain breach of contract or other injury (compensation claimed or not).
 Court may grant injunction before or after judgment.
 Covers breach of same contract or similar injury related to same property or right.

3. Terms and Enforcement

 Court may impose terms: duration, security, keeping account, etc.

 In case of disobedience:
o Property may be attached.
o Person may be detained in prison up to six months unless released by Court.
 Attachment cannot exceed one year; proceeds may be used to compensate, balance paid to entitled
party.

4. Interim Injunctions (Rules 2A & 2B)

 Interim injunctions in absence of defendant: normally ≤ 15 days.

o May be extended if failure of service not due to plaintiff or defendant seeks time to defend.
 Injunction after hearing/notice: ceases after 6 months unless extended by Court with reasons
recorded.

Extension report must be submitted to High Court. Here’s a concise bullet-point summary of the new
portion of Order XXXIX – Temporary Injunctions and Interlocutory Orders:

3. Notice Before Granting Injunction

 Court shall give notice to opposite party before granting injunction.

 Exceptions:
o Sale of pledged goods for default of payment.
o Injunction against Government, Government servant, statutory authority, board, corporation
(non-ejectment/demolition cases).
 Notice to Government/authority: 2–7 days.

4. Modification of Injunction

 Any injunction order may be discharged, varied, or set aside on application by dissatisfied party.

4A. Injunctions on Public Revenue Matters

 Injunction questioning orders/acts under laws in Part I of First Schedule or public revenue matters
lasts 6 months unless decided/discharged earlier.
 Public revenues include dues to Federal/Provincial Govt. or Govt.-controlled banks/corporations.
5. Injunction Against Corporation

 Injunction directed at a corporation is binding on officers and members whose personal actions
are restrained.

Interlocutory Orders

6. Power to Order Interim Sale

 Court may order sale of movable property subject to decay or other reasons before judgment.

7. Detention, Preservation, Inspection

 Court may order detention, preservation, inspection, or experiments on property involved in the suit.
 Authorised persons may enter land/building to obtain evidence.
 Execution provisions apply mutatis mutandis.

8. Application After Notice

 Plaintiff may apply after notice to defendant post-institution.

 Defendant may apply after notice to plaintiff post-appearance.

9. Immediate Possession of Land

 Land/tenure paying revenue: party may be put in immediate possession if revenue/rent paid before
sale.
 Court may adjust the amount paid with interest against defaulter in decree.

10. Deposit of Money or Property

 Money or deliverable property may be deposited in Court or delivered to rightful party.

 May be done with or without security, subject to Court’s direction.

Ad Interim (Interim) Injunction –

1. Ad Interim Injunction

 Definition: Temporary injunction granted before notice to the opposite party, to maintain status
quo and prevent irreparable injury.
 Purpose: Prevent wasting, alienation, damage, or breach of rights before full hearing.

2. Time Limit / Duration

 Without notice to defendant: normally not exceeding 15 days (Rule 2A).

 Can be extended if:
o Service on defendant failed not due to plaintiff.
o Defendant requests time to defend.
3. Hearing of the Application

 Court may grant ad interim injunction ex parte (without notice) if delay would defeat purpose.
 Full hearing after notice to defendant required for continuation.

4. Disposal of the Application

 After hearing both parties, Court may:

o Confirm, modify, or vacate the injunction.
o Impose terms: security, duration, account keeping, etc.

5. Further Continuation / Extension

 Ad interim or regular injunction ceases after 6 months unless:

o Court extends with reasons recorded after hearing parties again (Rule 2B).
o Report of extension is submitted to High Court.

6. Appeal / Challenge

 Application or order may generally be challenged by civil appeal (CA) as per relevant procedural
provisions.
 Time for filing CA: depends on limitation for orders passed by lower court (usually 30–90 days
under CPC/High Court rules).

Order XXXIX CPC – Temporary Injunctions:

 Ad-interim injunction (ex parte)

• Court may grant immediate, short-term protection without hearing the opposite party when delay
risks irreparable injury.
• Must record reasons for granting such ex parte relief.
 Extension of ad-interim injunction
• Such injunctions are typically time-bound.
• They may be extended if the opposite party is not served, seeks time to reply, or if the court’s
docket delays hearing.
• Courts must avoid indefinite extensions; extensions should be reason-based.
 Time for filing Counter Affidavit (CA)
• Courts generally allow 1–2 weeks, depending on urgency.
• Excessive delays are discouraged; courts balance fairness with preventing abuse of interim orders.
 Hearing of the injunction application
• After service, both parties are heard.
• Court examines the three classic tests:
– Prima facie case
– Balance of convenience
– Irreparable harm
 Disposal of the application
• Court passes a speaking order granting or refusing temporary injunction.
• Orders can include conditions, undertakings, or security where appropriate.
 Further hearing after six months
• The Supreme Court has emphasized that interim injunctions should not continue mechanically for
long periods.
 • If the injunction remains in force for six months, the court should schedule a review or further
hearing to ensure fairness and prevent misuse.

Order XXVII –

1. Suits by or against the Government (Rule 1)

 Any suit by or against the Government requires the plaint or written statement to be:
o Signed by a person appointed by the Government (general or special order).
o Verified by a person acquainted with the facts of the case.

2. Persons authorised to act (Rule 2)

 Officers authorized ex-officio or otherwise to act in judicial proceedings are recognized agents for
appearances, acts, or applications on behalf of the Government.

3. Plaints in suits by/against Government (Rule 3)

 Instead of inserting the personal name and description of the plaintiff or defendant, it is sufficient to
insert the appropriate Government name as per law.

4. Agent for Government to receive process (Rule 4)

 The Government pleader is the official agent for receiving court processes on behalf of the
Government.

5. Fixing of day for appearance (Rule 5)

 Courts must allow reasonable time for communication with the Government before requiring its
appearance.
 Court may extend time at its discretion.

6. Attendance of person able to answer questions (Rule 6)

 Court can direct attendance of a person on behalf of the Government to answer material questions,
if the pleader cannot.

7. Extension of time for public officers (Rule 7)

 If a public officer defendant needs to refer the matter to the Government, the court can grant
extension of time to receive instructions.

8. Procedure in suits against public officers (Rule 8)

 If Government undertakes defense of a public officer:

o Government pleader applies to the court, authority is noted.
 If no such application is made, the case proceeds like any private suit.
o Defendant cannot be arrested or property attached except under decree execution.

9. Security not required from Government or public officer (Rule 8A)

 No security under Order XLI Rules 5 & 6 is required from Government or a public officer acting
in official capacity.
10. Definitions (Rule 8B)

 “Government” and “Government pleader” definitions:

o Federal Government and appointed pleader for federal matters.
o Provincial Government and appointed pleader for provincial matters.

Potential MCQs

Q1: Who must sign the plaint or written statement in a suit by or against the Government?
A: A person appointed by the Government, verified by a person acquainted with the facts.

Q2: What is the role of the Government pleader in suits by or against the Government?
A: Acts as the agent to receive processes and appear on behalf of the Government.

Q3: Can a court require a public officer to provide security when sued in official capacity?
A: No, under Rule 8A, no security is required from Government or public officer in official capacity.

Q4: If a public officer defendant wants to refer a matter to the Government, what can the court do?
A: Extend the time fixed in summons to allow the reference and receive instructions.

Q5: In a suit against a public officer where Government undertakes the defense, what happens if the
Government pleader does not file authority?
A: The case proceeds like a suit between private parties; arrest or attachment is restricted.

Q6: What is sufficient to insert in the plaint instead of personal names in a suit against the Government?
A: The appropriate Government name as per law.

Q7: Who may be directed by the court to attend if the Government pleader cannot answer material
questions?
A: Any person on behalf of the Government able to answer material questions related to the suit.

Order XXIX – Key Provisions

1. Signing and Verification of Pleadings (Rule 1)

 In suits by or against a corporation, any pleading may be:

o Signed and verified on behalf of the corporation by:
 The secretary, or
 Any director or principal officer who is able to depose to the facts of the case.

2. Service on Corporation (Rule 2)

 Subject to statutory provisions, service of summons on a corporation can be made by:

(a) Serving the secretary, any director, or other principal officer of the corporation, or
(b) Leaving it or sending by post addressed to the corporation at:
- Its registered office, or
- If no registered office, at the place where the corporation carries on business.
3. Personal Attendance of Officer (Rule 3)

 At any stage, the Court may require the personal attendance of:
o The secretary, or
o Any director or other principal officer able to answer material questions related to the suit.

Potential MCQs

Q1: Who can sign and verify a pleading on behalf of a corporation?

A: The secretary, any director, or principal officer able to depose to the facts of the case.

Q2: How can a summons be served on a corporation?

A:

 On the secretary, director, or principal officer, or

 By leaving it or sending it by post to the registered office, or if none, the place where business is
carried on.

Q3: Can the Court require the personal attendance of corporate officers?
A: Yes, the Court may require the personal attendance of the secretary, director, or principal officer to
answer material questions.

Q4: If a corporation has no registered office, where can a summons be sent?

A: To the place where the corporation carries on business.

Q5: Is the authority to sign pleadings limited only to the secretary?

A: No, it includes the secretary, any director, or other principal officer who can depose to facts.

Order XXXII – Key Provisions

1. Minor to sue by next friend (Rule 1)

 A minor cannot sue in person.

 Suit must be instituted by a next friend acting on behalf of the minor.

2. Suit instituted without next friend (Rule 2)

 If a minor sues without a next friend:

o Defendant may apply to have plaint taken off the file.
o Costs may be imposed on the pleader presenting it.

3. Guardian for minor defendant (Rule 3)

 Court must appoint a guardian for the suit if the defendant is a minor.
 Guardian must:
o Have no adverse interest to the minor.
o Be fit and capable.
 Guardian continues throughout all proceedings, including appellate or execution stages.

4. Who may act as next friend/guardian (Rule 4)

 Must be:
o Of sound mind and attained majority.
o Have no adverse interest.
 o Not be a defendant (if next friend) or plaintiff (if guardian).
 Court may appoint its officer as guardian if no suitable person is available.

5. Representation (Rule 5)

 Applications on behalf of a minor must be made by next friend or guardian.

 Orders made without such representation may be discharged, with costs on the responsible pleader.

6. Receipt of property (Rule 6)

 Next friend or guardian cannot receive money or movable property on behalf of minor without
Court leave.
 Court may require security to protect minor’s property.

7. Agreement or compromise (Rule 7)

 Cannot enter into any agreement or compromise on behalf of minor without Court leave.
 Any unauthorized agreement is voidable.

8–11. Retirement, removal, or death of next friend/guardian (Rules 8–11)

 Next friend or guardian may retire, be removed, or die:

o Court appoints successor.
o Proceedings may be stayed until new appointment.
o Court may order costs accordingly.

12–14. Minor attaining majority

 Minor may:
o Elect to continue suit → applies to proceed in own name.
o Abandon suit → seeks dismissal with repayment of costs.
o Minor co-plaintiff can repudiate suit if not necessary party.
 Court ensures proper notice and considers costs and necessity of the minor’s involvement.

15. Persons of unsound mind

 Rules 1–14 apply mutatis mutandis to:

o Persons adjudged unsound mind.
o Persons found incapable of protecting their interests due to mental infirmity.

16. Local laws not affected

 Nothing in this Order overrides local laws on suits by minors or lunatics.

Potential MCQs

Q1: Who must institute a suit on behalf of a minor?

A: A next friend acting for the minor.

Q2: What happens if a minor institutes a suit without a next friend?

A: Defendant may apply to have the plaint taken off the file, with costs on the pleader.

Q3: Who can be appointed guardian for a minor defendant?

A: A person with no adverse interest, fit to protect the minor’s interest.
Q4: Can a next friend or guardian receive money or property on behalf of a minor without Court leave?
A: No. Court leave is required, and security may be imposed.

Q5: Is an agreement entered into by a next friend without Court leave valid?
A: No, it is voidable against all parties except the minor.

Q6: What happens when a minor attains majority during a pending suit?
A: He may elect to proceed in own name or abandon the suit, with proper Court orders.

Q7: Do these rules also apply to persons of unsound mind?

A: Yes, they apply to persons adjudged unsound or found incapable by the Court.

Q8: Can a next friend be removed?

A: Yes, if interest is adverse, duty is neglected, or other sufficient cause exists.

Q9: What is the effect of the retirement, removal, or death of a next friend or guardian?
A: Proceedings are stayed until a successor is appointed.

Q10: Do these provisions override local laws?

A: No, they do not derogate from any local law relating to minors or lunatics.
Mechanism for Cases Against Government (Order XXVII CPC)

1. Pleadings
o The plaint or written statement must be signed by a person appointed by the Government.
(Pakarbiter)
o Verification must be by someone acquainted with the facts, also appointed by the
Government. (Pakarbiter)
o Authorized persons (“agents”) can appear on behalf of Government. (Pakarbiter)
2. Service of Process
o The “Government pleader” acts as the Government’s agent for receiving court process.
(Pakarbiter)
o When fixing a day for Government’s appearance, the Court must allow reasonable time for
internal communication (i.e., for Government to get instructions). (Pakarbiter)
3. Appearance & Participation
o The Government pleader appears on behalf of the Government. (Pakarbiter)
o The Court may require someone (from Government) who is “able to answer material
questions” to attend. (Pakarbiter)
4. Reference & Extension of Time
o If a public officer (defendant) needs to refer the matter to the Government (for instructions),
he can apply for an extension of time. (Pakarbiter)
o The Court may grant that extension “for so long as appears … necessary.” (Pakarbiter)
5. Procedure in Suits Against Public Officers
o If the Government undertakes the defense of a public officer, the Government pleader
applies to the Court, furnishing authority, and the Court notes this in its register. (Pakarbiter)
o If no such authority is filed, the suit proceeds like a private suit, but there are safeguards:
e.g., arrest is not allowed except under execution of a decree. (Pakarbiter)
o Under certain conditions, no security is required from the Government or from public
officers sued in their official capacity. (Order XXVII, Rule 8A) (Pakarbiter)
6. Court Discretion & Protection
o The Court has discretion to manage the case such that Government is treated fairly (e.g.,
granting time, calling knowledgeable persons).
o The procedural protections help balance Government’s role as a litigant with its public
functions.

Mechanism for Cases Against Corporations (Order XXIX CPC)

1. Pleadings
o In suits by or against a corporation, pleadings (plaint/written statement) may be signed
and verified by:
 The Secretary, or
 Any Director, or
 Other principal officer of the corporation who can “depose to the facts” of the case.
(AAPTAXLAW)
2. Service of Summons
o Subject to any special statutory provision, the summons may be served:
 On the Secretary, or on any Director, or other principal officer. (Vidhi Judicial)
 Or by leaving the summons or sending it by post addressed to:
1. The corporation’s registered office, or
2. If no registered office, the place where the corporation carries on business.
(AAPTAXLAW)
3. Court’s Power to Require Attendance
 At any stage of the suit, the Court may require the personal attendance of the Secretary, a
o
Director or other principal officer who is able to answer “material questions” relevant to the
suit. ([Link])
o This enables the Court to directly question someone who has authority and factual
knowledge.
4. Disposal
o After proper service and representation, the case proceeds as a normal civil suit: written
statements, evidence, hearings, etc.
o Personal attendance of corporate officers helps ensure that the case is fairly understood and
disposed of on its merits, especially when corporate decision-making or internal facts are
relevant.

1. Suits by Artificial Persons / Corporations (Order XXIX CPC)

Artificial persons include corporations, companies, cooperative societies, or other bodies recognized by
law.

Mechanism

1. Pleadings
o Any plaint or written statement must be signed and verified by:
 The Secretary, or
 Any Director, or
 Other principal officer of the corporation who can depose to the facts.
(Order XXIX, Rule 1)
2. Service of Summons
o Summons can be served on:
 Secretary, Director, or principal officer, or
 Sent by post or left at the registered office or the principal place of business.
(Order XXIX, Rule 2)
3. Court Power
o The Court may require personal attendance of officers to answer material questions.
(Order XXIX, Rule 3)
4. Disposal
o After proper service and representation, the case proceeds like a normal civil suit.
o Ensures that the artificial person is properly represented, and that decisions/actions of the
body can be adequately explained.

Reference: CPC, Order XXIX (Rules 1–3).

2. Suits by or Against Minors and Persons of Unsound Mind (Order XXXII CPC)

This covers natural persons who are unable to protect their interests: minors, lunatics, and mentally infirm
persons.

A. Minors

1. Suit by Minor
o A minor cannot sue in his own name.
o A next friend must institute the suit on his behalf.
(Order XXXII, Rule 1)
2. Suit against Minor
o Court appoints a guardian for the suit to represent the minor.
(Order XXXII, Rule 3)
 3. Representation
o Applications or motions on behalf of the minor must be made by the next friend or
guardian.
(Order XXXII, Rule 5)
4. Receiving Property / Settlement
o No money or movable property can be received on behalf of the minor without Court leave.
o Any compromise or settlement requires Court permission.
(Order XXXII, Rules 6–7)
5. Retirement / Removal
o If a next friend or guardian retires, dies, or is removed, the Court appoints a successor, and
proceedings may be stayed until then.
(Order XXXII, Rules 8–11)
6. Minor attaining majority
o Upon attaining majority, minor may elect to continue or abandon the suit.
o Court allows him to proceed in his own name or dismiss the suit with proper orders on
costs.
(Order XXXII, Rules 12–14)

B. Persons of Unsound Mind / Lunatics

1. Application of Rules
o Rules 1–14 of Order XXXII apply mutatis mutandis to:
 Persons adjudged lunatic.
 Persons found mentally incapable by the Court.
(Order XXXII, Rule 15)
2. Representation
o A guardian is appointed to represent the person in the suit.
o Guardian ensures protection of legal and property interests.
3. Court Oversight
o Any compromise, receipt of property, or action on behalf of the person requires Court
approval.

Reference: CPC, Order XXXII (Rules 1–15).

Summary Table
Category Representation Required Authority / Officer Involved Court Approval Required?

Artificial Person / Secretary, Director, Principal Not generally, except

Officer authorized by body
Corporation Officer procedural matters

Adult of sound mind, no Yes, for compromise /

Minor suing Next Friend
adverse interest property / settlement

Yes, for compromise /

Minor defendant Guardian for suit Appointed by Court
property / settlement

Person of unsound
Guardian Court-appointed Yes, mandatory
mind