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

Order XXXII Rule 3A: Decree against minor not to be set aside unless prejudice has been caused to his interest

The Code of Civil Procedure, 1908

¹[(1) No decree passed against a minor shall be set aside merely on the ground that the next friend or guardian for the suit of the minor had an interest in the subject-matter of the suit adverse to that of the minor, but the fact that by reasons of such adverse interest of the next friend or guardian for the suit, prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.

(2) Nothing in this rule shall preclude the minor from obtaining any relief available under any law by reason of the misconduct or gross negligence on the part of the next friend or guardian for the suit resulting in prejudice to the interests of the minor.]

Footnotes in the official text

1.Ins. by s. 79, ibid. (w.e.f. 1-2-1977).

Questions on this rule

1 question in 8 of our papers cite Order XXXII Rule 3A. Try these from the free papers:

1. Under Order XXXII Rule 3A CPC, a decree passed against a minor may be set aside on account of an interest of his next friend or guardian for the suit that was adverse to the minor's, only where:

Practise questions on Civil Procedure Code