The appointment of a next friend for a minor plaintiff is a curable irregularity, and the court has a duty to protect the interests of both the plaintiff and the defendant in such cases.

1. Respondent herein filed a plaint in the court below against the revision petitioner herein on 21-12-1984. Plaint shows her age as 19 years. Defendant filed I. A. 3024/1985 under Order XXXII R.2 of the Code of Civil Procedure (for short 'the Code') praying that the suit may be taken off the file. Application was opposed by the plaintiff. Plaintiff filed I. A. 3068/1985 seeking appointment of a next friend for her. Learned Munsiff allowed the plaintiff's application and dismissed the defendant's application. Dismissal of the defendant's application is challenged in this revision. It is not submitted that the order passed in the plaintiff's application has been challenged in revision.

2. So far as the present plaintiff is concerned, there is no dispute that she attains majority only on the completion of 18 years. When she filed the plaint, she gave her age as 19 years. Accordingly, the plaint was filed without intervention of a next friend and without showing any person as next friend. In the defendant's application he stated that plaintiff was born on 4-5-1967. Plaintiff's mother, who later filed an affidavit as a next friend, admitted the correction of the date of birth furnished by the defendant. Plaint was filed on 21-12-1984. That being so, plaintiff was aged only 17 years, 7 months and seventeen days on the date of the plaint and hence a minor. Plaintiff sought to correct the defect by introducing her mother as next friend. According to learned counsel for the revision petitioner, a suit instituted by a minor in this

manner is a nullity and the defect is incurable.

3. Order XXXII of the Code deals with suits by or against minors and persons of unsound mind. R.1 states that 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 R.2 reads thus:

"(1) Where a suit is instituted by or on behalf of a minor without it next friend, the defendant may apply to have the plaint taken off the file with costs to be paid by the pleader or other person by whom it was presented.

(2) Notice of such application shall be given to such person, and the Court, after bearing his objections (if any), may make such order in the manner as it thinks fit."

4. R.2A of Order XXXII of the Code enables the Court to require the next friend to furnish security for payment of costs likely to be incurred by the defendant. Procedure to be followed where the defendant is a minor is laid down in R.3. The Court has to appoint a proper person to be guardian for the suit for such minor on the application on behalf of the minor or by the plaintiff supported by an affidavit with necessary details. R.12 states that when a minor plaintiff attains majority, he may elect to proceed with the suit or the application. Under R.14 he may apply to have the suit dismissed on the ground that it is unreasonable or improper. These Rules apply to persons of unsound mind by virtue of R.15.

5. A minor, in law, is disabled from binding himself except where it is for his benefit. A minor who is a party to a suit is considered to be under the protection of the Court and hence it is the duty of the Court to watch his interests vigilantly and to see that he is represented by a fit and proper person. Provisions of Order XXXII are designed to protect the interests of minors and to see that they are properly represented in the proceedings before Court. The provisions deal only with procedure and not substantive law. Because of the disability of a minor, his interests should be looked after or watched by a mature person or an adult. Minor's interests are not harmed if a suit filed by him ends in his favour. But if the suit ends against him and he is asked to pay costs or is subjected to some other liability, there will be legal difficulty for the defendant to work out his remedy against the minor plaintiff. Therefore, it is necessary that the defendant also roust be protected. Requirement of the rule that a suit