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The Code of Civil Procedure, 1908: page 197

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 197, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    10. Stay of proceedings on removal, etc., of next friend.—(1) On the retirement, removal or death of
the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his
place.
    (2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new next
friend appointed, any person interested in the minor or in the matter in issue may, apply to the Court for
the appointment of one, and the Court may appoint such person as it thinks fit.
     11. Retirement, removal or death of guardian for the suit.—(1) Where the guardian for the suit
desires to retire or does not do his duty, or where other sufficient ground is made to appear, the Court
may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks
fit.
    (2) Where the guardian for the suit, retires, dies or is removed by the Court during the pendency of
the suit, the Court shall appoint a new guardian in his place.
    12. Course to be followed by minor plaintiff or applicant on attaining majority.—(1) A minor
plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority,
elect whether he will proceed with the suit or application.
    (2) Where be elects to proceed with the suit or application, he shall apply for an order discharging the
next friend and for leave to proceed in his own name.
                                                                        e
    (3) The title of the suit or application shall in such case be corrected so as to read henceforth thus:
                                                                      od
         “A.B., late a minor by C.D., his next friend, but now having attained majority.”.
                                                                aC
    (4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant,
apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant
                                                           di
or opposite party or which may have been paid by his next friend.
                                                      In
   (5) Any application under this rule may be made ex parte but no order discharging a next friend and
permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.
    13. Where minor co-plaintiff attaining majority desires to repudiate suit.—(1) Where a minor
co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out
as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit
on such terms as to costs or otherwise as it thinks fit.
    (2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant.
     (3) The costs of all parties of such application, and of all or any proceedings theretofore had in the
suit, shall be paid by such persons as the Court directs.
    (4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant.
    14. Unreasonable or improper suit.—(1) A minor on attaining majority may, if a sole plaintiff,
apply that a suit instituted in his name by his next friend be dismissed on the ground that it was
unreasonable or improper.
     (2) Notice of the application shall be served on all the parties concerned; and the Court, upon being
satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to
pay the costs of all parties in respect of the application and of anything done in the suit, or make such
other order as it thinks fit.
    1
     [15. Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind.—Rules 1 to 14 (except
rule 2A) shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of
unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to
be incapable, by reason of any mental infirmity, of protecting their interest when suing being sued.]




1. Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1 -2-1977).

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