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The Code of Civil Procedure, 1908: page 195

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 195, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian
has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit
person to be so appointed.
    (4) Order shall be made on any application under this rule except upon notice 1*** to any guardian of
the minor appointed or declared by an authority competent in that behalf, or, where there is no such
guardian 2[upon notice to the father or where there is no father, to the mother, or where there is no father
or mother, to other natural guardian] of the minor, or, where there is 2[no father, mother or other natural
guardian], to the person in whose care the minor is, and after hearing any objection which may be urged
on behalf of any person served with notice under this sub-rule.
     3
      [(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.]
     4
     [(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his
appointment is terminated by retirement, removal or death, continue as such throughout all proceedings
arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in
the execution of a decree.]
     3
      [3A. Decree against minor not to be set aside unless prejudice has been caused to his
interest.—(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
                                                                                 e
suit, prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.
                                                                          od
    (2) Nothing in this rule shall preclude the minor from obtaining any relief available under any law by
                                                                  aC
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.]
                                                             di
   4. Who may act as next friend or he appointed guardian for the suit.—(1) Any person who is of
                                                        In
sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit:
    Provided that the interest of such person is not adverse to that of the minor and that he is not, in the
case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff.
    (2) Where a minor has a guardian appointed or declared by competent authority, no person other than
such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the
Court considers, for reasons to be recorded, that it is for the minor’s welfare that another person be
permitted to act or be appointed, as the case may be.
     (3) No person shall without his consent 3[in writing] be appointed guardian for the suit.
    (4) Where there is no other person fit and willing to act as guardian for the suit, the Court may
appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer
in the performance of his duties as such guardian shall be borne either by the parties or by any one or
more of the parties to the suit, or out of any fund in Court in which the minor is interested 3[or out of the
property of the minor], and may give directions for the repayment or allowance of such costs as justice
and the circumstances of the case may require.
    5. Representation of minor by next friend or guardian for the suit.—(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



1. The words “to the minor and” omitted by Act 104 of 1976, s. 79. (w.e.f. 1-2-1977).
2. Subs. by s. 79, ibid., for certain words (w.e.f. 1-2-1977).
3. Ins. by s. 79, ibid. (w.e.f. 1-2-1977).
4. Ins. by Act 16 of 1937, s. 2.

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