interests when suing or heing sued. This is laid down in Order XXXII Rule 15. Padmakumari Devi, by now it is clear and beyond ... narrated in this order.
57. Finding that the matter concerns the family, this court was obliged not to ignore Order XXXII-A. Order XXXII
dated 07.12.2015 under Order VII Rule 11(d) C.P.C . to reject the plaint being barred by provisions of Order XXXII Rule ... make such order in the matter as it thinks fit."
9. Bare reading of the provisions of Order XXXII Rule 1 and Rule
that are to be considered are the Order VII Rule 11 (D) and Order XXXII Rule 3 CPC , which are quoted as under:
"Order ... Order VII Rule 11 (d) CPC as the suit itself was not barred by any law but the provisions of Order XXXII Rule
Code of Civil Procedure of 1882, which corresponds to Order XXXII of the present Code of Civil Procedure .
19. It is apparent from the provisions ... Order XXXII that the appointment of a guardian ad litem to a minor defendant is the act of the Court. The Court has to make
dealing with the property. As a matter of fact Order XXXII, Rule 1 authorises the filing of the suit on behalf of the minor through ... next friend. Order XXXII makes a distinction between the powers of a next friend in a case where a suit is filed on behalf
applying Rules 1 to 14 (except Rule 2-A) of Order XXXII CPC which contemplate prosecution or defence, as the case ... order, the next friend brought a Revision to the High Court. In the context of those facts, referring to the provisions of Order XXXII Rule
June, 1957 vide Notification No. 43 VIId-29
Order XXXII Rule 3-
(a) in sub-rule (3), at the end, delete the full stop ... proceeding in the suit was to take place. The provisions of Order XXXII are mandatory and requirement of the same cannot be dispensed with
Code of Civil Procedure of 1882, which corresponds to Order XXXII of the present Code of Civil Procedure .
20. It is apparent from the provisions ... Order XXXII that the appointment of a guardian ad litem to a minor defendant is the act of the Court. The Court has to make
Court is
empowered to pass such order as it thinks fit under Rule 2.
Order XXXII, Rule 1 states that along with such a suit ... suffer any disability as it is not minor, in order to argue
that Order XXXII, Rule 1 has no application, drawing a parallel
with Section
relevant date she was a minor and as provisions of Order XXXII Rule 3 CPC had not been complied the decree passed in appeal ... order passed by the High Court is without appointing any guardian on her behalf and contrary to the provisions of Order XXXII Rules
