Suits by or Against Minors and Persons of Unsound Mind
Suits by or Against Minors and Persons of Unsound Mind
Introduction
In civil law, certain categories of persons, such as minors (persons under 18 years of age) and persons of unsound mind, have limited capacity to sue or be sued. The law provides special rules to protect their interests in legal proceedings.
Legal Framework
The main provisions related to suits by or against minors and persons of unsound mind are contained in Order 32 of the CPC.
These rules ensure that such persons are represented by guardians or next friends so that their legal rights are protected.
1. Suits by or Against Minors
Minor’s Capacity
A minor cannot sue or be sued in their own name because of lack of legal capacity.
Any suit by a minor must be instituted by a next friend or guardian.
A suit against a minor must be served on the guardian of the minor.
Order 32 Rule 1 CPC
If a person under disability (like a minor) sues without a guardian or next friend, the suit is liable to be rejected.
The court may also appoint a guardian ad litem (legal guardian for the suit) for the minor if required.
Next Friend and Guardian
Next Friend: A person who represents the minor in a suit.
Guardian: A person legally appointed to take care of the minor’s person or property.
2. Suits by or Against Persons of Unsound Mind
Unsound Mind and Legal Capacity
Persons of unsound mind are also considered to have disability to sue or be sued.
The suit can be filed on their behalf by a guardian or a committee appointed by the court.
Order 32 Rule 1(3) CPC
When a person of unsound mind sues without proper representation, the suit can be dismissed.
If sued, the guardian or committee must be served.
Important Provisions of Order 32 CPC
| Rule | Provision |
|---|---|
| Rule 1 | Application of the order to persons under disability (minors, unsound mind, other incapacitated). |
| Rule 2 | Appointment of guardian ad litem by the court to represent the person under disability. |
| Rule 3 | Procedure to be followed if the person under disability dies or becomes capable during the suit. |
Case Laws
Manohar Lal Sharma vs The Assistant Commissioner (AIR 1972 SC 269)
The Supreme Court held that a minor can sue only through a next friend or guardian and the suit is liable to be dismissed if filed without such representation.
K.N. Verma vs Union of India (AIR 1966 SC 1083)
Clarified the necessity of appointing a guardian ad litem for persons of unsound mind to protect their interests during litigation.
Nair Service Society Ltd. vs K.C. Alexander (AIR 1968 SC 1162)
Though not directly about minors, it emphasized the principle that parties must have legal capacity to sue or be sued, underlying the reason for special rules for persons of unsound mind and minors.
K.P. Varghese vs Income Tax Officer (AIR 1981 SC 740)
The court discussed the importance of proper representation in cases involving persons under disability to protect their interests.
Practical Importance
Ensures protection of rights and interests of minors and persons of unsound mind.
Prevents fraud or exploitation during litigation.
Guarantees fair trial by appointing proper representatives.
Avoids nullity of proceedings due to lack of capacity.
Summary
| Aspect | Explanation |
|---|---|
| Who is a Minor? | Person below 18 years of age |
| Legal Capacity of Minor | Cannot sue/be sued personally; represented by guardian or next friend |
| Person of Unsound Mind | Lacks mental capacity; suit by guardian or committee |
| Governing Law | Order 32 CPC |
| Purpose | Protect interests; ensure proper representation |
| Consequence of no representation | Suit liable to be dismissed or set aside |
RELATED Blog
0 comments