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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…

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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?

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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.

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