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In which of the following cases can the next friend of minor be removed in suits filed by or on behalf of the minor
where the interest of the next friend of a minor is adverse to that of the minor
where the next friend of the minor does not do his duty
where the next friend of the minor ceases to reside within India
Either (a) or (b) or (c)
Order 32 R 9 of Code of Civil Procedure – ORDER XXXII
Suits by or against Minors and Persons of Unsound mind
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 1 [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
By: Parvesh Mehta ProfileResourcesReport error
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