Costs. tion, and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit. M, 456. An order for the appointment of a guardian for the suit may be obtained upon application in the name of the minor. Such application must be supported Petition for appointment of guardian ad litem. +Ss. 190-194. by ant affidavit verifying the fact that the proposed guardian has no interest in the matters in question in the suit adverse to that of the minor, and that he is a fit person to be so appointed. Who may be guardian ad litem. M. 457. A co-defendant of sound mind and of full age may be appointed guardian for the suit, if he has no interest adverse to that of the minor; but neither a plaintiff, nor a married woman, can be so appointed. M. 458. If the guardian for the suit of a minor defendant does not do his duty, or if other sufficient ground be made to appear, the Court may remove him, and may order him to pay such costs as may have been occasioned to any duty. Guardian neglecting his duty may be removed. Costs. party by his breach of On death of guardian pendente lite, new guardian to be appointed. M. 459. If the guardian for the suit dies pending such suit or is removed by the Court, the Court shall appoint a new guardian in his place. M. 460. When the enforcement of a decree is applied for against the heir or representative, being a minor, of a deceased party, a guardian for the suit of such minor shall be appointed by the Court, and the decreeholder shall serve on such guardian notice of such application. When decree to be en forced against heir or repre sentative. M. 461. No sum of Before decree next friend or guardian ad litem not to money or other thing shall be received or taken by a next friend or guardian for the suit at any time on behalf of a minor, at any time before decree or order, unless he has first obtained the leave of the Court, and given security to its satisfaction that such money or other thing shall be duly accounted for to, and held for the benefit of such minor, M, 462. No next friend or guardian for the suit shall, Next friend or guardian ad litem not to compromise without leave of Court. without the leave of the Court, enter into any agreement or compromise on behalf of a minor, with reference to the suit in which he acts as next friend or guardian. Any such agreement or compromise entered into without the leave of the Court shall be voidable against all parties other than the minor. Compromise without leave voidable. Application of sections 440 to 462 to persons of unsound mind. M. 463. The provisions containedin sections 440 to 462 (both inclusive) shall, mutat s mutandis, apply in the case of persons of unsound mind, adjudged to be so under Act No. XXXV. of 1858, or under any other law for the time being in force. (t) Wards of Court. M, 464. Nothing in sections 442 to 462 applies to any minor or person of unsound mind, for whose person or property a guardian or manager has been appointed by the Court of Wards or by the Civil Court under any local law. CHAPTER XXXII. SUITS BY AND AGAINST MILITARY MEN. M, 465. (19) When any officer or soldier actually serv Officers or soldiers who cannot obtain leave may authorise any person to sue or defend for them. ing the Government in a military capacity is a party to a suit, and cannot obtain leave of absence for the purpose of prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead. The authority shall be in writing and shall be signed by the officer or soldier in the presence of (a) his commanding officer or of the next subordinate officer, if the party be himself the commanding officer, or (b) where the officer or soldier is serving in military staff employment, the head or other superior officer of the office in which he is employed. Such commanding or other officer shall countersign the authority, which shall be filed in Court. When so filed, the countersignature shall be sufficient proof that the authority was duly executed, and that the officer or soldier by whom it was granted could not obtain leave of absence for the purpose of prosecuting or defending the suit in person (u). Explanation.-In this chapter the expression "commanding officer" means the officer in actual command for the time being of any regiment, corps, detachment or depôt to which the officer or soldier belongs. M. 466. Any person authorised by an officer or soldier to prosecute or defend a suit in his stead may prosecute or defend it in person in the same manner as the officer or soldier could Person 80 authorised may act personally or appoint pleader. (t) There is no ruling of law which ren- A Collector appointed under section 11, the estate of a lunatic, cannot sue himself on behalf of the lunatic, but must appoint a manager for the purpose. *Coureenath and another v. The Collector of Monghyr and another, ib. VII. 5. A deaf and dumb person is not on that account alone to be deemed incompetent to sue or to be sued. Buggee Ram v, Baldeo Sing. N.-W. P, II. 414, CHAPTER XXXII. Illis autem temporibus per qae citra expeditionum necessitatem in aliis locis vel ædibus degunt minime ad vindicandum tale privilegium adjuvantur OFFICERS and soldiers in military service, who cannot obtain leave of absence, may authorise any person to sue or defend for them. The authority shall be in writing, signed by officer or soldier in presence of (i) commanding officer (i. e., officer actually in command for time being of any regiment, corps, detachment, or depôt, to which the person signing belongs) or next subordinate (if commanding officer is the party in question), or (ii) head or other superior officer of the office in which officer or soldier in staff employment is serving; and countersigned by such commanding officer, &c. It will then be filed in Court, and countersignature, shall be sufficient proof that the authority was duly executed, and the executor could not obtain leave. The person so authorised may act personally or appoint a pleader to act in the suit. Processes served upon person so authorised, or pleader appointed by him, are as effectual as if served on the party himself or his pleader. When an officer or soldier is a defendant, Court shall send a copy of summons to commanding officer for service on him, and officer shall, if practicable, cause it to be served and returned endorsed with written acknowledgment of service. If it cannot be served, it shall be returned with preventing cause endorsed thereon. Warrants of arrest in execution of decree are to be delivered by bailiff to commanding officer when they are for any person within limits of cantonment, garrison, military station, or miliy bazar. Such officer shall back the warrant with his signature; and if person named i warrant is within the limits of his command, shall cause him to be arrested and delivered up. (u) In places where any body of Her Majesty's Forces may be serving, situate beyond the jurisdiction of any Court of Small Causes, actions of debt and personal actions against officers, or other persons (not being soldiers) amenable to the Mutiny Act, are cognizable before a Court of Requests only, provided the value in question does not exceed Rs. 400, and the defendant was a person of the above description when the cause of action arose. Mutiny Act, sec. 77. Officers of Her Majesty's Indian Forces (not being natives) are amenable to the provisions of the Mutiny Act, and are subject to the same jurisdiction in regard to civil suits as officers of Her Majesty's Army. Mutiny Act, secs. 1 & 2. Soldiers subject to the Mutiny Act are amenable to the Civil Courts in suits for debt, whatever may be the amount; but they are not liable to arrest for debts under £30, nor ean their military neces saries or equipments be seized under the decree of a Civil Court. Mutiny Act, sec. 40. Under Act XI. of 1841, actions for debt and personal actions, if the value does not exceed Rs. 200, against native officers and soldiers, are cognizable before a Military Court only, but the jurisdiction of Military Courts, even in suits not exceeding Rs. 200, is barred in cantonments where the Cantonment Magistrate is invested with Civil jurisdiction, or a Small Cause Court is established. Act. III. of 1859, and Act XXII, of 1864, sec. 8. Native officers, soldiers, and other persons attested under Act V. of 1869 (the Indian Articles of War), are not liable to be arrested under any process issued by a Civil Court, nor are their arms, horses, clothes, accoutrements, and necessaries liable to be seized, or their pay attached in satisfaction of any judgment. Act V. of 1869, Part III. clause (b.) A widow, without any authority, sued on behalf of her son, who was absent on military service beyond the jurisdiction of the Court. No objection was taken in the lower Court; ut when taken in appeal, it was held that the objection was * S. 30. do if present; or he may appoint a pleader to prosecute Service on person so authorised, or on his pleader, to be good service. Service on officers and soldiers. M. 468. (62) When an officer or soldier is a defendant, the Court shall send a copy of the summons to his commanding officer for the purpose of being served on him. The officer to whom such copy is sent, after causing it to be served on the person to whom it is addressed, if practicable, shall return it to the Court with the written acknowledgment of such person endorsed thereon. (v) If from any cause the copy cannot be so served, it shall be returned to the Court by which it was sent, with information of the cause which has prevented the service. M. 469. (295) If, in the execution of a decree, a warrant of arrest is to be executed within the limits of a cantonment, garrison, military station, or military bazar, the officer charged with the execution of such warrant shall deliver the same to the commanding officer. Execution of warrant of arrest in cantonments, &c. The commanding officer shall back the warrant with his signature, and, if the person named therein is within the limits of his command, shall cause him to be arrested and delivered to the officer so charged. CHAPTER XXXIII. When interpleader suit may be instituted. INTERPLEADER. M. 470. When two or more persons claim adversely to one another the same payment or property from another person, whose only interest therein is that of a mere stake-holder, and who is ready to render it to the right owner, such stake-holder may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to whom the payment or property should be made or delivered, and of obtaining indemnity for himself: Provided that if any suit is pending in which the rights of all parties can properly be decided, the stake-holder shall not institue a suit of interpleader. M. 471. In every suit of interpleader the plaint must, in addition to the other statements *necessary for plaints, state— Plaint in such suit, |