Who institutes a suit in the name of a minor plaintiff under Order XXXII rule 1 of the Code of Civil…

The minor remains the named plaintiff. Under Rule 1 the next friend institutes the suit in the minor's name.

Choose your answer

Who institutes a suit in the name of a minor plaintiff under Order XXXII rule 1 of the Code of Civil Procedure, 1908?

Answer and explanation

Correct answer C

The minor remains the named plaintiff. Under Rule 1 the next friend institutes the suit in the minor's name.

Option A

Rule 1 designates a next friend to institute the suit.

Option B

Rule 1 does not give this role to a local authority.

Option C

The next friend institutes the suit in the minor plaintiff's own name.

Option D

Order XXXII distinguishes the plaintiff's next friend from a guardian appointed for a minor defendant.