Gujarat High Court Civil Manual (subordinate court practice), 1960
(i) The law in regard to suits by or against minors is contained in Order XXXII, Civil Procedure Code, and the attention of the Court is particularly drawn to the provisions of rules 3 and 4 thereof. Where the minor is the plaintiff there is generally no difficulty as the next friend is mentioned in the plaint. When, however, the minor is a defendant, difficulties sometimes arise. It must be borne in mind that a suit cannot proceed against a minor unless a guardian-ad-litem is appointed for him. It is, therefore, the duty of the plaintiff to take the necessary steps for securing the appointment of a proper guardian-ad-litem for the minor and incur the necessary expenses for the purpose. (ii) In order to enable the Court to issue the notice in Form No. 11, Appendix H, Schedule I, on the proper person mentioned in sub-rule (4) of rule 3 of Order XXXII, an application for the appointment of a guardian-ad-litem should state whether there is any guardian appointed or declared by a competent authority, and when there is no such guardian who the natural guardian of the minor is, or in whose care the minor lives. (iii) But no person can, without his consent, be appointed as guardian-ad-litem (sub-rule (3) of rule 4). Therefore, it is essential to ascertain whether the person found suitable to act as guardian-ad-litem is willing. For this purpose a notice in Form No. 1, page 517, Volume III, is prescribed. (iv) The Form No. 1 at page 517, Volume II is for use in ascertaining the consent of the person suggested as guardian-ad-litem of the minor defendant as required by Order XXXII, rule 4, sub-rule (3). (v) This notice should be served on the person described in sub-rule (4) of rule 3, in all cases. The Judge should do what lies in his power to obtain a guardian-ad-litem who will defend the interests of the minor. (vi) Notice in Form No. 11 of Appendix H, Schedule I of the Code is an invitation to the person described in sub-rule (4) of rule 3 of Order XXXII to volunteer to be the guardian-ad-litem. Broadly speaking two classes of cases arise:— first, where the plaintiff himself proposes that such person should be the guardian-ad-litem. second, where the plaintiff proposes that some other person should be the guardian-ad-litem.