Order XXXII and XXXIII of CPC
✅ Order XXXII – Suits by or against Minors and Persons of Unsound Mind
⚖️ Purpose:
Order 32 ensures protection for minors and persons of unsound mind in civil litigation, by ensuring that such vulnerable persons are properly represented.
📌 Key Provisions:
Rule 1 – Minor to sue by next friend
A minor cannot file a suit independently.
The suit must be instituted in the name of the minor, but through a “next friend” (an adult who represents the minor’s interest).
🧑⚖️ Case Law:
Kishore Lal v. State of Punjab, AIR 2007 SC 2196
Held: Minor must be represented by a next friend; otherwise, the suit is not maintainable.
Rule 2 – Where suit is instituted without next friend
If a suit is filed by a minor without a next friend, the defendant may apply to have the suit dismissed.
Rule 3 – Guardian for the suit
When a minor is a defendant, the court shall appoint a guardian ad litem (guardian for the suit).
The guardian must be someone who has no conflict of interest with the minor.
🧑⚖️ Case Law:
Ram Chandra Arya v. Man Singh, AIR 1968 SC 954
Held: Appointment of a proper guardian is mandatory for a valid decree against a minor.
Rule 4 – Who may act as guardian
The court may appoint a relative, or any other fit person, as guardian.
If the proposed guardian has an interest adverse to that of the minor, the court may reject such appointment.
Rule 7 – Agreements or compromises on behalf of minor
Any agreement or compromise in a suit involving a minor must receive prior leave of the court.
The court must be satisfied that it is for the benefit of the minor.
🧑⚖️ Case Law:
K. Srinivas v. Kuttukaran Machine Tools Ltd., AIR 2001 Ker 300
Held: A compromise without leave of the court is void against the minor.
📌 Effect of Non-Compliance:
Any decree passed in violation of these rules is voidable at the instance of the minor.
✅ Order XXXIII – Suits by Indigent Persons (Earlier: Pauper Suits)
⚖️ Purpose:
To ensure access to justice for indigent persons (those who cannot afford court fees), by allowing them to sue without payment of court fees initially.
📌 Key Provisions:
Rule 1 – Who is an indigent person
A person is considered indigent if:
He does not possess sufficient means to pay court fees.
Property exempt from attachment and subject-matter of the suit are excluded while determining his means.
🧑⚖️ Case Law:
Mathai M. Paikeday v. C.K. Antony, AIR 2001 SC 3044
Held: Income, ownership of property, and financial assistance from family/friends are relevant to determine indigency.
Rule 2 – Contents of application
Application must include:
Details of property owned.
Schedule of income.
Statement that the plaintiff is indigent.
Rule 5 – Rejection of application
The application may be rejected if:
The plaintiff is not indigent.
It is not framed or presented properly.
He disposed of property to qualify as indigent.
🧑⚖️ Case Law:
P.K. Kuriakose v. Asgar Shakoor Patel, AIR 2011 Ker 152
Held: Suppression of material facts regarding assets can lead to rejection of the application.
Rule 6 – Notice to opposite party
Notice is issued to the opposite party and Government pleader for inquiry into the claim of indigency.
Rule 7 – Procedure at hearing
Court hears evidence to determine if the applicant is truly indigent.
If satisfied, the suit is registered and proceeds without payment of court fees.
Rule 9 – Withdrawal of permission
If the indigent person is later found to have means, or his application was based on fraud, the permission can be withdrawn.
Rule 11 – Costs
Even if the plaintiff is allowed to sue as an indigent person, he can still be liable for costs if he loses the case.
Rule 18 – Appeal by indigent person
Applies also to appeals and revisions—an indigent person may also appeal without paying court fees, subject to inquiry.
✅ Summary Table:
| Order | Covers | Key Focus | Key Protection |
|---|---|---|---|
| XXXII | Suits by/against minors and persons of unsound mind | Representation and protection | Appointment of guardian, court's permission for compromise |
| XXXIII | Suits by indigent persons | Access to justice | Waiver of court fees, inquiry into indigency |
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