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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?

  1. In the minor's name by the minor alone

  2. In the minor's name by a next friend

  3. In the guardian's own name as plaintiff

  4. In a relative's own name as plaintiff

Answer and explanation

Correct answer: B - In the minor's name by a next friend

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.

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