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A defendant in a civil suit is a minor. Under Order XXXII rule 3 of the Code of Civil Procedure, 1908,…

Order XXXII rule 3 requires the court to appoint a proper person as guardian for the suit for a minor defendant. A minor plaintiff instead sues through a next friend under…

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A defendant in a civil suit is a minor. Under Order XXXII rule 3 of the Code of Civil Procedure, 1908, who acts as the guardian for the suit?

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Answer and explanation

Correct answer D

Order XXXII rule 3 requires the court to appoint a proper person as guardian for the suit for a minor defendant. A minor plaintiff instead sues through a next friend under rule 1.

Option feedback

Option A

A local commissioner performs the task assigned in the commission. Inspection does not make the commissioner the minor’s representative.

Option B

The court appoints the guardian for the suit. The judge does not defend the minor.

Option C

A next friend brings a suit for a minor plaintiff under rule 1. Rule 3 concerns representation of the minor defendant.

Option D

Rule 3 requires the court to appoint a proper person as guardian for the suit for the minor defendant.

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