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First Schedule · Order 32 · Rule 12

Course to be followed by minor plaintiff or applicant on attaining majority

12. Course to be followed by minor plaintiff or applicant on attaining majority.—(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.
(2) Where lie elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name.
(3) The title of the suit or application shall in such case be corrected so as to read henceforth thus: “A.B., late a minor by C.D., his next friend, but now having attained majority.”.
(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant, apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant or opposite party or which may have been paid by his next friend.
(5) Any application under this rule may be made ex parte but no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.

Understand civil procedure

Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation. Source checked: 2026-10-01. Source PDF page: 194. Government reference PDF. 2025 amending Act. For reference and study, not individual legal advice.