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The Code of Civil Procedure, 1908: page 194

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 194, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                       ORDER XXXI

                              Suits by or against trustees, executors and administrators

    1. Representation of beneficiaries in suits concerning property vested in trustees, etc.—In all
suits concerning property vested in a trustee, executor or administrator, where the contention is between
the persons beneficially interested in such property and a third person, the trustee, executor or
Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make
them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties.

    2. Joinder of trustees, executors and administrators.—Where there are several trustees, executors
or administrators, they shall all be made parties to a suit against one or more of them:

   Provided that the executors who have not proved their testator’s will, and trustees, executors and
administrators outside 1[India], need not be made parties.

   3. Husband of married executrix not to join.—Unless the Court directs otherwise, the husband of a
married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.

                                                       ORDER XXXII
                                                                        e
                                                                    od
                               Suits by or against minors and persons of unsound mind
   1. Minor to sue by next friend.—Every suit by a minor shall be instituted in his name by a person
                                                             aC
who in such suit shall be called the next friend of the minor.
     2
                                                          di
    [Explanation.—In this Order, “minor” means a person who has not attained his majority within the
meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875) where the suit relates to any of the
                                                       In
matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.]
     2. Where suit is instituted without next friend, plaint to be taken off the file.—(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.
     3
      [2A. Security to be furnished by next friend when so ordered.—(1) Where a suit has been
instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its
own motion or on the application of any defendant, and for reasons to be recorded, order the next friend
to give security for the payment of all costs incurred or likely to be incurred by the defendant.
   (2) Where such a suit is instituted by an indigent person, the security shall include the court-fees
payable to the Government.
   (3) The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit where the Court
makes an order under this rule directing security to be furnished.]
    3. Guardian for the suit to be appointed by Court for minor defendants.—(1) Where the
defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person
to be guardian for the suit for such minor.

   (2) An order for the appointment of a guardian for the suit may be obtained upon application in the
name and on behalf of the minor or by the plaintiff.



1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977).
3. Ins. by s. 79, ibid. (w.e.f. 1-2-1977).

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