Under Order XXXII rule 1 of the Code of Civil Procedure, which formulation states the complete requirement for instituting a suit by a minor?
Question and options
Under Order XXXII rule 1 of the Code of Civil Procedure, which formulation states the complete requirement for instituting a suit by a minor?
In the minor's name by the minor alone
In the minor's name by a next friend
In the guardian's own name as plaintiff
In a relative's own name as plaintiff
Answer and explanation
Order XXXII rule 1 of the Code of Civil Procedure, 1908 requires every suit by a minor to be instituted in the minor’s name by a person who, in that suit, is called the minor’s next friend. A minor cannot sue alone, and a guardian or relative who sues does so as next friend in the minor’s name, not as plaintiff in that person’s own name.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Madhya Pradesh Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related question papers
Related exam syllabi
More solved explanations in CPC.11 Suits in particular cases
- Who is guardian ad litem?
- Under Section 86 of the Code of Civil Procedure, 1908, an ambassador may not be sued in any court otherwise competent to try the suit except with the consent of the:
- Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned, under Section 82 C.P.C.,…
- As per the Code of Civil Procedure, 1908, a suit against the Government shall not be instituted until the expiration of
- Monty wishes to sue as an indigent person. In which scenario will Monty's application to sue as an indigent person not be rejected?