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Report No. 27

Order XXXII, rule 2A (New)

After rule 2 of Order XXXII of the First Schedule to the principal Act, the following rule shall be inserted, namely:-

"2A. Security to be furnished by the 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 in forma pauperis, 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."

Order XXXII, rule 3

In rule 3 of Order XXXII of the First Schedule to the principal Act, for sub-rule (4), the following sub-rules shall be substituted, namely:-

"(4) No order shall be made on any application under this rule except upon notice to................... any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, ................. the father or other natural guardian of the minor, or, where there is no father or other natural guardian ................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.

(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also."

Order XXXII, rule 4(3)

In rule 4 of Order XXXII of the First Schedule to the principal Act, in sub-rule (3), after the word "consent", the words "expressed in writing" shall be inserted.

Order XXXII, rule 4(4)

In rule 4 of Order XXXII of the First Schedule to the principal Act, in sub-rule (4), after the words "any fund in Court in which the minor is interested", the words "or from the minors property" shall be inserted.

Order XXXII, rule 6

In rule 6 of Order XXXII of the First Schedule to the principal Act, to sub-rule (2), the following proviso shall be added, namely:-

"Provided that the Court may, in its discretion, 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 properly 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."

Order XXXII, rule 7

In rule 7 of Order XXXII of the First Schedule to the principal Act, the following sub-rule shall be inserted at the end, namely:-

"(3) An application for leave under sub-rule (1) shall be accompanied by an affidavit of the next friend or the guardian for the suit, as the case may be, and also, if the minor is represented by a pleader, 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."



Code of Civil Procedure, 1908 Back




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