What form of consent does Order XXXII, Rule 4(3) of the Code of Civil Procedure, 1908 require before…
Order XXXII, Rule 4(3) of the Code of Civil Procedure, 1908 requires the written consent of the person to be appointed guardian for the suit. Rule 4(4) separately provides…
Choose your answer
What form of consent does Order XXXII, Rule 4(3) of the Code of Civil Procedure, 1908 require before appointing a person as guardian for the suit for a minor defendant?
Answer and explanation
Correct answer B
Order XXXII, Rule 4(3) of the Code of Civil Procedure, 1908 requires the written consent of the person to be appointed guardian for the suit. Rule 4(4) separately provides for appointment of a court officer if there is no other fit and willing person.
Option feedback
Option A
The rule requires consent in writing. Oral consent alone is insufficient.
Option B
Rule 4(3) expressly requires the proposed guardian's written consent.
Option C
Appearance alone does not supply the proposed guardian's consent in writing.
Option D
The required consent is that of the person being appointed, not the minor's consent.
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 -
Assam 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