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Under Order XXXII rule 1 of the Code of Civil Procedure, 1908, what is the procedural title of the…

Order XXXII rule 1 requires the suit to be instituted in the minor's name by a next friend. The same person might be a guardian outside the litigation, but next friend is…

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Under Order XXXII rule 1 of the Code of Civil Procedure, 1908, what is the procedural title of the person who institutes a suit in the minor plaintiff's name?

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Answer and explanation

Correct answer A

Order XXXII rule 1 requires the suit to be instituted in the minor's name by a next friend.

The same person might be a guardian outside the litigation, but next friend is the title for this role.

Option feedback

Option A

The person who institutes the suit in the minor plaintiff's name is called the next friend.

Option B

A guardian for the suit is appointed for a minor defendant under Order XXXII rule 3.

Option C

Representing a deceased party is a different procedural capacity.

Option D

The rule uses the specific title next friend for a minor plaintiff.

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