9. Suits between co-partners. This Order shall apply to suits between a firm and one or more of the partners therein and to suits between firms having one or more partners, in common; but not execution shall be issued in such suits except by leave of the Court, and, onKEEP READING
10. Suit against person carrying on business in name other than his own. Any person carrying on business in a name or style other than his own name, or a Hindu undivided family carrying on business under any name, may be sued in such name or style as if itKEEP READING
ORDER XXXI – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS 1. Representation of beneficiaries in suits concerning property vested in trustees, etc. In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a thirdKEEP READING
2. Joinder of trustee, executors and administrators. Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them: Provided that the executors who have not proved their testator’s will, and trustees, executors and administrators outside India need notKEEP READING
3. Husband of married executrix not to join. Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her. Read CPC in a better and systematic way. Download beautiful, colourful CPC PDF.KEEP READING
ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND 1. Minor to sue by next friend. Every suit by a minor shall be Instituted in his name by a person who in such suit shall be called the next friend of the minor. Explanation- In thisKEEP READING
2. Where suit is instituted without next friend, plaint to be taken off the file. (1) Where a suit is instituted by or behalf or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to beKEEP READING
2A. Security to be furnished by 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 forKEEP READING
3. Guardian for the suit to be appointed by Court for minor defendant. (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for theKEEP READING
3A. Decree against minor not to be set aside unless prejudice has been caused to his interests. (1) No decree passed against a minor shall be set aside merely on the ground that the next friend or guardian for the suit of the minor had an interest in the subject-matterKEEP READING
4. Who may act as next friend or be appointed guardian for the suit. (1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit: Provided that the interest of such person is notKEEP READING
5. Representation of minor by next friend or guardian for the suit. (1) Every application to the Court on behalf of a minor, other than an application under Rules 10, sub-rule (2), shall be made by his next friend or by his guardian for the suit. (2) Every order madeKEEP READING
6. Receipt by next friend or guardian for the suit of property under decree for minor. (1) A next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other movable property on behalf of a minor either- (a) by way ofKEEP READING
7. Agreement or compromise by next friend or guardian for the suit. (1) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the suit inKEEP READING
8. Retirement of next friend. (1) Unless otherwise ordered by the Court, a next friend shall not retire without first procuring a fit person to be put in his place and giving security for the costs already incurred. (2) The application for the appointment of a new next friend shallKEEP READING
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 interestKEEP READING
