14. Unreasonable or improper suit.- (1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.
(2) Notice of the application shall be Served on all the parties concerned; and the court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit.
HIGH COURT AMENDMENTS
Andhra Pradesh, Madras and Pondicherry.- Add the following as Rule 14-A:
“14-A. The appointment or discharge of a next friend or guardian for the suit of a minor in a matter pending before the High Court in its appellate jurisdiction, except in cases under appeal to the Supreme Court, shall be deemed to be aquasi-judicial act within the meaning of Section 128 (2) (i) of the Code of Civil Procedure and may be performed by the Registrar, provided that contested applications and applications presented out of time shall be posted before a judge for disposal.”
Kerala, Laccadive, Minicoy and Amindivi Islands.- Same as that of Madaras (above) without the words beginning from “shall be deemed to be a quasi-judicial’ and ending with “the Code of Civil Procedure”. (9-6-1959).
Karnataka.- Add the following as Rule 14-A: “14-A. When a minor defendant attains majority either he or the guardian appointed for him in the suit or the plaintiff may apply to the Court to declare the said defendant a major and to discharge the guardian and notice thereof shall be given to such among them as are not applicants. When the Court by order declares the said defendant as major it shall by the same order discharge the guardian and thereafter the suit shall be proceeded with against the said defendant as a major.”
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