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Format of a Plaint by a Minor or a Person of Unsound Mind in a Civil Suit

Important points to remember-

Suit for and against a minor or a person of unsound mind are drafted as per Order XXXII of CPC:

Rule 1: Every suit by minor is instituted in his name by a person called “next friend”.
Rule 3: Where a defendant is a minor, the court shall appoint a proper person to be “guardian” for the suit for the minor. An order to appoint a guardian can be obtained upon application by the plaintiff or by the minor in his name or by the minor on his behalf.

Only difference between a regular suit and a suit by/against a minor is that the name of the next friend or guardian is specified along with the name of the parties.


IN THE COURT OF CIVIL JUDGE, [[DISTRICT OR PLACE]].

Suit no . . . . . . . . .  of 20. . .

IN THE MATTER OF:

[[Name of the Plaintiff]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Plaintiff]].

Mobile: [[Mobile No. of the Plaintiff]].

Or

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

. . . Plaintiff

Versus

[[Name of the Defendant/Respondent]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Defendant/Respondent]].

Mobile: [[Mobile No. of the Defendant/Respondent]].

Or

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

. . . Respondent/Defendant

                                                                              SUIT FOR XXX

The plaintiff respectfully states as follows : –

(1) Plaintiff is a Govt. Servant working in Delhi. and so on


(12) Relief Claimed: 

The plaintiff prays that the court be pleased to order the respondent to perform his part of the contract by transferring the said plot to the plaintiff.
The plaintiff further prays that the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost of this litigation.

PRAYER:

It is therefore most respectfully prayed that the Hon’ble Court may:

  1. allowed to sue as an indigent person in the interest of justice.
  2. to pass such further orders/directions as it may deem fit and proper.

Date: [[mention the date of filing]]

Place: [[Name of the Place]]

[(Signature of next friend) 
Plaintiff  through Next Friend]

[(Name of next friend) 
Plaintiff  through Next Friend]

Through

[[Signature of the Advocate]]

[[Name of the Advocate]]

[[Name of the Law Firm: LawDocs Associates]]

[[Address, e-mail & mobile no. of the Advocate]]

VERIFICATION

Verified at [[Place]] on this [[Date:1st day of January 20…]] that the contents of paras 1 to … of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, those of paras …. to …. are true on information received and believed to be true and last para is the humble prayer to this Hon’ble Court.

[[(Signature of next friend) 
Plaintiff  through Next Friend]]

[[(Name of next friend) 
Plaintiff  through Next Friend]]

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