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Criminal Procedure Code QUESTION #9526
Question 1
A plaint is presented to a Court by a next friend on behalf of a minor plaintiff. Defendant B contends that the next friend, being a person of unsound mind, lacks capacity to file on behalf of the minor, and the plaint should be rejected. What should the Court do?
  • Proceed with the suit since any adult can be a next friend
  • Investigate the next friend's capacity; Order XXXII CPC requires a next friend to be a person of sound mind and capable of protecting the minor's interests; if the next friend lacks capacity, the Court should appoint another suitable next friend rather than dismissing the suit✔️
  • Reject the plaint forthwith
  • Appoint the Court officer as guardian
Correct Answer Explanation
Order XXXII CPC governs suits by or against minors and persons of unsound mind. The next friend must be competent, not under disability, and capable of acting. If the appointed next friend is himself a person under disability, the correct course is to appoint a competent next friend, not to dismiss the suit, since the minor's substantive rights must be protected.