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THE FIRST SCHEDULE · ORDER XXXII Suits by or against minors and persons of unsound mind

Order XXXII Rule 2: Where suit is instituted without next friend, plaint to be taken off the file

The Code of Civil Procedure, 1908

(1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented.

(2) Notice of such application shall be given to such person, and the Court, after hearing his objections (if any) may make such order in the matter as it thinks fit.

Questions on this rule

1 question in 6 of our papers cite Order XXXII Rule 2.

Practise questions on Civil Procedure Code