Rule 4 of CPC : Rule 4: Who may act as next friend or be appointed guardian for the suit.

Explanation using Example

Example 1:

Ravi, a 16-year-old boy, is involved in a property dispute after his father's death. Ravi's uncle, Suresh, who is 45 years old and of sound mind, wishes to act as Ravi's next friend in the lawsuit to ensure Ravi's interests are protected. Suresh is not a defendant in the case, and his interests align with Ravi's. Therefore, under Rule 4(1) of the Code of Civil Procedure 1908, Suresh can act as Ravi's next friend in the suit.

Example 2:

Meena, a 14-year-old girl, has a legal guardian appointed by the court after her parents passed away. This guardian, Mr. Sharma, is responsible for her welfare. Meena is involved in a legal dispute over her inheritance. Although Mr. Sharma is her legal guardian, Meena's aunt, Mrs. Gupta, believes she can better represent Meena's interests in this particular case. Mrs. Gupta petitions the court to be appointed as Meena's guardian for the suit. The court reviews the situation and records reasons that it is in Meena's best interest for Mrs. Gupta to act as her guardian for this specific lawsuit, as per Rule 4(2).

Example 3:

Arjun, a 15-year-old boy, is involved in a legal case regarding a car accident. His elder brother, Raj, is willing to act as his guardian for the suit. However, Raj is currently out of the country and cannot provide written consent immediately. The court cannot appoint Raj as the guardian for the suit without his written consent, as stipulated in Rule 4(3).

Example 4:

Priya, a 13-year-old girl, is involved in a legal dispute over a trust fund. Her parents are deceased, and there is no relative willing or fit to act as her guardian for the suit. The court decides to appoint one of its officers, Mr. Kumar, to act as Priya's guardian for the suit. The court also directs that the costs incurred by Mr. Kumar in performing his duties will be borne out of the trust fund in which Priya has an interest, as per Rule 4(4).