In the First Schedule, in Order XXXII,-



(i)in rule 1, the following Explanation shall be inserted at the end, namely:-



'Explanation.- In this Order, "minor" means a person who has not attained his majority within the meaning of section 3 of the Indian Majority Act, 1875(9 of 1875), where the suit relates to any of the matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.';



(ii)after rule 2, the following rule shall be inserted, namely:-



"2A.Security to be furnished by next friend when so ordered.- (1) Where a suit has been instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its own motion or on the application of any defendant, and for reasons to be recorded, order the next friend to give security for the payment of all costs incurred or likely to be incurred by the defendant.



(2)Where such a suit is instituted by an indigent person, the security shall include the court-fees payable to the Government.



(3)The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit where the Court makes an order under this rule directing security to be furnished.";



(iii)in rule 3,-



(a)in sub-rule (4),-



(i) the words "to the minor and" shall be omitted;



(ii) for the words "upon notice to the father or other natural guardian", the words "upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian" shall be substituted;



(iii) for the words "no father or other natural guardian", the words "no father, mother or other natural guardian" shall be substituted;



(b)after sub-rule (4), the following sub-rule shall be inserted, namely:-



"(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.";



(iv)after rule 3, the following rule shall be inserted, namely:-



"3A.Decree against minor not to be set aside unless prejudice has been caused to his interests.- (1) No decree passed against a minor shall be set aside merely on the ground that the next friend or guardian for the suit of the minor had an interest in the subject-matter of the suit adverse to that of the minor, but the fact that by reason of such adverse interest of the next friend or guardian for the suit, prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.



(2)Nothing in this rule shall preclude the minor from obtaining any relief available under any law by reason of the misconduct or gross negligence on the part of the next friend or guardian for the suit resulting in prejudice to the interests of the minor.".



(v)in rule 4,-



(a)in sub-rule (3), after the word "consent", the words "in writing" shall be inserted;



(b)in sub-rule (4), after the words "any fund in Court in which the minor is interested", the words "or out of the property of the minor" shall be inserted;



(vi)in rule 6, to sub-rule (2), the following proviso shall be added, namely:-



"Provided that the Court may, for reasons to be recorded, dispense with such security while granting leave to the next friend or guardian-



(a) is the manager of a Hindu undivided family and the decree or order relates to the property or business of the family; or



(b) is the parent of the minor.";



(vii)in rule 7, after sub-rule (1), the following sub-rule shall be inserted, namely:-



"(1A) An application for leave under sub-rule (1) shall be accompanied by an affidavit of the next friend or the guardian for the suit, as the case may be, and also, if the minor is represented by a pleader, by the certificate of the pleader, to the effect that the agreement, or compromise proposed is, in his opinion, for the benefit of the minor:



Provided that the opinion so expressed, whether in the affidavit or in the certificate shall not preclude the Court from examining whether the agreement or compromise proposed is for the benefit of the minor.";



(viii)for rule 15, the following rule shall be substituted, namely:-



"15.Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind.- Rules 1 to 14 (except rule 2A0 shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to be incapable, by reason of any mental infirmity, of protecting their interest when suing or being sued.";



(ix)for rule 16, the following rule shall be substituted, namely:-



"16.Savings.- (1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing or being sued in the name of his State, or being sued by the direction of the Central Government in the name of an agent or in any other name.



(2)Nothing contained in this Order shall be construed as affecting or in any way derogating from the provisions of any local law for the time being in force relating to suits by or against minors or by or against lunatics or other persons of unsound mind.".