. Special Suits - State the procedure for institution of suits by and against minors or persons of unsound mind.
Order XXXII
As per Rule 1, the definition of minor given in Majority Act, 1875 applies - a person who has not attained the age of 18 yrs or for a minor for whose person or property a guardian or next friend has been appointed by the court or court of wards, the age of majority is 21 yrs.
Read all Rules in Order 32.
ORDER XXXII
SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
1. Minor to sue by next friend.
2. Where suit is instituted without next friend, plaint to be taken off the file.
3. Guardian for the suit to be appointed by Court for minor defendant.
4. Who may act as next friend or be appointed guardian for the suit.
5. Representation of minor by next friend or guardian for the suit.
6. Receipt by next friend or guardian for the suit of property under decree for minor.
7. Agreement or compromise by next friend or guardian for the suit.
8. Retirement of next friend.
9. Removal of next friend.
10. Stay of proceedings on removal, etc., of next friend.
11. Retirement, removal or death of guardian for the suit.
12. Course to be followed by minor plaintiff or applicant on attaining majority.
13. Where minor co-plaintiff attaining majority desires to repudiate suit.
14. Unreasonable or improper suit.
15. Application of rules to persons of unsound mind.
16. Saving for Princes and Chiefs.
Ram Chandra vs Ram Singh AIR 1968 - SC held that a decree passed against a minor or a lunatic without appointment of a guardian is a nullity and is void and not merely voidable.
Suits by and against the Govt.
Read Order 27 and Section 79-82.
80. Notice-
No suit shall be {Subs. by the A.O.1946 for "instituted against the Crown".} [instituted against the Government] or Notice. against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been {Subs. by the A.O.1937 for "in the case of the Secretary of State in Council, delivered to, or left at the office of, a Secretary to the L.G.or the Collector of the district ".} [delivered to, or left at the office of-
(a) in the case of a suit against the Central Government, {Ins.by Act 6 of 1948, s.2.} [except where it relates to a railway], a Secretary to that Government;
{Ins.as cl.(aa) by s.2, ibid.}[ {(aa) relettered (b) by the A.O.1948.} [(b)] in the case of a suit against the Central Government where it relates to a railway, the General Manager of that railway ;]
{The former cl.(b) rep., ibid.}
(c) in the case of a suit against a State Government, a Secretary to that Government or the Collector of the district; {The word "and" and cl.(d) rep., ibid.}
{The word "and" and cl.(d) rep., ibid.}
and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or deft.
81. Exemption from arrest and personal appearance-
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity-
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.
82. Execution of decree-
(1) {Subs. by Act 32 of 1949, s.2, for certain former words.} [Where in a suit by or against the Government, or by or against a public officer in respect of any such act as aforesaid, a decree is passed against {Subs. by the A.O.1950 for "the Dominion of India".} [the Union of India] or a State or, as the case may be, the public officer], a time shall be specified in the decree within which it shall be satisfied; and, if the decree is not satisfied within the time so specified, the Court shall report the case for the orders of the State Government.
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such report.
{Ins.by Act 32 of 1949, s.2.} [(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they apply in relation to a decree, if the order or award-
(a) is passed or made against 1[the Union of India] or a State or a public officer in respect of any such act as aforesaid, whether by a Court or by any other authority, and
(b) is capable of being executed under the provisions of this Code or of any other law for the time being in force as if it were a decree.]
ORDER XXVII
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
1. Suits by or against Government.
2. Persons authorized to act for Government.
3. Plaints in suits by or against Government.
4. Agent for Government to receive process.
5. Fixing of day for appearance on behalf of Government.
6. Attendance of person able to answer questions relating to suit against Government.
7. Extension of time to enable public officer to make reference to Government.
8. Procedure in suits against public officer.
8A.No security to be required from Government or a public officer in certain cases.
8B.Definitions of 敵overnment " and " Government pleader ".
Section 88 and Order 35
Section 88 - Where interpleader suit may be reinstituted? Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself: Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.
Procedure - Read Order 35 Rule 1 – 6
ORDER XXXV
INTERPLEADER
1.Plaint in interpleader-suit.
2. Payment of thing claimed into Court.
3. Procedure where defendant is suing plaintiff.
4. Procedure at first hearing.
5. Agents and tenants may not institute interpleader-suits.
6. Charge for plaintiff's costs.
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