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What happens to further proceedings under Order XXXII rule 10 of the Code of Civil Procedure, 1908 when…

Order XXXII rule 10(1) requires the court to stay further proceedings until it appoints a replacement next friend for the minor.

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What happens to further proceedings under Order XXXII rule 10 of the Code of Civil Procedure, 1908 when a minor plaintiff's next friend retires, is removed or dies?

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Answer and explanation

Correct answer A

Order XXXII rule 10(1) requires the court to stay further proceedings until it appoints a replacement next friend for the minor.

Option feedback

Option A

Further proceedings are stayed until a substitute next friend is appointed.

Option B

Rule 10 calls for a stay pending replacement of the next friend.

Option C

Rule 10 allows the suit to continue once the court appoints a new next friend.

Option D

A change of next friend calls for a stay in the existing court.

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