12. Course to be followed by minor plaintiff or applicant or 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 he 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.

Read CPC in a better and systematic way.

Download beautiful, colourful CPC PDF.

WritingLaw
Latest posts by WritingLaw (see all)
WritingLaw ยป CPC ยป Order 32, Rule 12 CPC
Study Material
Law PDFs
Law Tests
Everything
For everyone in law
๐ŸŸข
53 Bare Act PDFs
Beautiful, colorful PDFs to read anywhere
๐ŸŸข
110+ complimentary PDFs
100 Law Notes + Legal Maxims, and more...
Pay just once
₹340
Free updates
Read all details Buy all Law PDFs
For those who have read Bare Acts
๐ŸŸ 
23 subject wise tests
These tests have MCQs from one law subject
๐ŸŸ 
10 mixed law tests
These tests have MCQs from multiple subjects
Pay just once
₹1200
Keep test PDFs forever
Read all details Buy all Law Tests
Best Value: ₹215 Discount
๐ŸŸก
All Law PDFs worth Rs 340
53 Bare Act PDFs + All complimentary PDFs
๐ŸŸก
All Law Tests worth Rs 1200
33 tests + 33 test PDFs
Pay just once
₹1325
All PDFs for lifetime
Read all details Buy all PDFs and all Tests