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Under Order XXXII of the Code of Civil Procedure, 1908, what is the ordinary rule for appointing a…

Under Order XXXII rule 3, the court appoints a guardian for the suit for a minor defendant. Under rule 1, a minor plaintiff sues in the minor’s own name through a next friend.

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Under Order XXXII of the Code of Civil Procedure, 1908, what is the ordinary rule for appointing a representative when a minor is first made a defendant in a civil suit?

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Answer and explanation

Correct answer D

Under Order XXXII rule 3, the court appoints a guardian for the suit for a minor defendant.

Under rule 1, a minor plaintiff sues in the minor’s own name through a next friend.

Option feedback

Option A

A next friend is the representative through whom a minor sues as plaintiff.

Option B

Rule 3 places the appointment duty on the court and calls the representative a guardian for the suit.

Option C

A party may apply for appointment, but the court appoints the guardian for the suit.

Option D

Under rule 3, the court appoints a proper person as guardian for the suit after satisfying itself of the minority.

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