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The Code of Civil Procedure, 1908: page 196

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 196, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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obtained knew, or might reasonably have known, the fact of such minority, with costs to be paid by such
pleader.
    6. Receipt by next friend or guardian for the suit of property under decree for minor.—(1) A
next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other
movable property on behalf of a minor either—
          (a) by way of compromise before decree or order, or
          (b) under a decree or order in favour of the minor.
    (2) Where the next friend or guardian for the suit has not been appointed or declared by competent
authority to be guardian of the property of the minor, or, having been so appointed or declared, is under
any disability known to the Court to receive the money or other movable property, the Court shall, if it
grants him leave to receive the property, require such security and give such directions as will, in its
opinion, sufficiently protect the property from waste and ensure its proper application :
     1
     [Provided that the Court may, for reasons to be recorded, dispense with such security while granting
leave to the next friend or guardian for the suit to receive money or other movable property under a
decree or order, where such next friend or guardian—
         (a) is the manager of a Hindu undivided family and the decree or order relates to the property or
     business of the family; or
          (b) is the parent of the minor.]                              e
                                                                  od
     7. Agreement or compromise by next friend or guardian for the suit.—(1) No next friend or guardian
for the suit shall, without the leave of the Court, expressly recorded in the proceedings, enter into any agreement
                                                            aC
or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian.
     1
     [(1A) An application for leave under sub-rule (1) shall be accompanied by an affidavit of the next
                                                        di
friend or the guardian for the suit, as the case may be, and also, if the minor is represented by a pleader,
                                                       In
by the certificate of the pleader, to the effect that the agreement or compromise proposed is, in his
opinion, for the benefit of the minor :
   Provided that the opinion so expressed, whether in the affidavit or in the certificate shall not preclude the
Court from examining whether the agreement or compromise proposed is, for the benefit of the minor. ]
    (2) Any such agreement or compromise entered into without the leave of the Court so recorded shall
be voidable against all parties other than the minor:
    8. Retirement of next friend.—(1) Unless otherwise ordered by the Court, a next friend shall not retire
without first procuring a fit person to be put in this place, and giving security for the costs already incurred.
   (2) The application for the appointment of a new next friend shall be supported by an affidavit
showing the fitness of the person proposed and also that he has no interest adverse to that of the minor.
     9. Removal of next friend.—(1) Where the interest of the next friend of a minor is adverse to that of the
minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it
unlikely that the minor’s interest will be properly protected by him, or where he does not do his duty, or,
during the pendency of the suit, ceases to reside within 2[India], or for any other sufficient cause, application,
may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the
sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other
order as to costs as it thinks fit.
    (2) Where the next friend is not a guardian appointed or declared by an authority competent in this
behalf, and an application is made by a guardian so appointed or declared, who desires to be himself
appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for
reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and
shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs
already incurred in the suit as it thinks fit.

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

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