Order 32 MCQ Quiz - Objective Question with Answer for Order 32 - Download Free PDF

The correct answer is A person defending a suit on behalf of a minor

 Key Points

• A Guardian ad litem is appointed by the court to represent and defend the interests of a minor or a person of unsound mind in a legal proceeding.
• The guardian acts on behalf of the minor or incapacitated person, since they cannot represent themselves legally.

Additional Information

• Option 1. A local commissioner — A local commissioner is appointed for specific tasks like investigation or evidence collection, not as a guardian.
• Option 2. A court — Guardian ad litem is a person, not the court itself.
• Option 3. A person defending a suit on behalf of an insane person — Though similar, “guardian ad litem” is generally appointed for minors or persons unable to represent themselves; specific legal terminology might vary for insane persons.

The correct answer is Both A & B

Key Points

• Order 32 of the Code of Civil Procedure, 1908 specifically deals with suits by or against minors and persons of unsound mind. This order outlines the procedure and safeguards to ensure that the rights of these individuals are properly represented in legal proceedings.
• Suit by or against minors: It lays down the procedures for suits involving minors. This includes the appointment of a next friend (a guardian) to represent the minor in legal matters.
• Suit by or against persons of unsound mind: It provides for the appointment of a guardian ad litem to represent persons of unsound mind in suits.
• This order ensures that the best interests of minors and mentally unsound persons are protected, as they are not fully capable of representing themselves in court. 

The correct answer is option 2.Key Points

• Rule 14 of order 32 of CPC says Unreasonable or improper suit.—(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.
• (2) Notice of the application shall be served on all the parties concerned; and the Court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit.

Additional Information

• Rule 1 says Minor to sue by next friend.—Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
• Rule 3 says Guardian for the suit to be appointed by Court for minor defendants.—
  • (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.
  • (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.

The correct answer is option 4. Key Points

• Rule 1 of Order 32 deals with minor to sue by next friend.
• It says every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
• Rule 3A of Order 23 deals with bar to suit.
• It says no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.
• Rule 1 of Order 40 deals with appointment of receivers.
• It says where it appears to the Court to be just and convenient, the Court may by order to appoint a receiver of any property, whether before or after decree.

The correct answer is option 4.Key Points

• Order 32 (Suits by or against minors and persons of unsound mind) Rule 9 deals with removal of next friend.
• Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or, during the pendency of the suit, ceases to reside within India, or for any other sufficient cause, application, may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to costs as it thinks fit.
• Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared, who desires to be himself appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.

The correct answer is option 2.Key Points

• Rule 14 of order 32 of CPC says Unreasonable or improper suit.—(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.
• (2) Notice of the application shall be served on all the parties concerned; and the Court, upon being satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to pay the costs of all parties in respect of the application and of anything done in the suit, or make such other order as it thinks fit.

Additional Information

• Rule 1 says Minor to sue by next friend.—Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
• Rule 3 says Guardian for the suit to be appointed by Court for minor defendants.—
  • (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.
  • (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.

The correct answer is option 4. Key Points

• Rule 1 of Order 32 deals with minor to sue by next friend.
• It says every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
• Rule 3A of Order 23 deals with bar to suit.
• It says no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.
• Rule 1 of Order 40 deals with appointment of receivers.
• It says where it appears to the Court to be just and convenient, the Court may by order to appoint a receiver of any property, whether before or after decree.

The correct answer is A person defending a suit on behalf of a minor

 Key Points

• A Guardian ad litem is appointed by the court to represent and defend the interests of a minor or a person of unsound mind in a legal proceeding.
• The guardian acts on behalf of the minor or incapacitated person, since they cannot represent themselves legally.

Additional Information

• Option 1. A local commissioner — A local commissioner is appointed for specific tasks like investigation or evidence collection, not as a guardian.
• Option 2. A court — Guardian ad litem is a person, not the court itself.
• Option 3. A person defending a suit on behalf of an insane person — Though similar, “guardian ad litem” is generally appointed for minors or persons unable to represent themselves; specific legal terminology might vary for insane persons.

The correct answer is Both A & B

Key Points

• Order 32 of the Code of Civil Procedure, 1908 specifically deals with suits by or against minors and persons of unsound mind. This order outlines the procedure and safeguards to ensure that the rights of these individuals are properly represented in legal proceedings.
• Suit by or against minors: It lays down the procedures for suits involving minors. This includes the appointment of a next friend (a guardian) to represent the minor in legal matters.
• Suit by or against persons of unsound mind: It provides for the appointment of a guardian ad litem to represent persons of unsound mind in suits.
• This order ensures that the best interests of minors and mentally unsound persons are protected, as they are not fully capable of representing themselves in court. 

The correct answer is option 4.Key Points

• Order 32 (Suits by or against minors and persons of unsound mind) Rule 9 deals with removal of next friend.
• Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or, during the pendency of the suit, ceases to reside within India, or for any other sufficient cause, application, may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to costs as it thinks fit.
• Where the next friend is not a guardian appointed or declared by an authority competent in this behalf, and an application is made by a guardian so appointed or declared, who desires to be himself appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs already incurred in the suit as it thinks fit.

The correct answer is Option 4.

Key PointsQualifications as to be a Guardian or Next Friend

• Under Order XXXII, Rule 4, any person who is competent in law to make a contract or who has attained majority and is of sound mind, may act as a guardian or next friend, provided that his interest is not adverse to that of minor, nor who is an opposite party in the suit and who has given his consent in written to act as a guardian or next friend. However, besides all this Court may also appoint any of its officer to act as a guardian/next friend if it is of the view that no person is competent for that.

Additional Information Power and Duties of a Guardian/Next Friend (Rules 5-7)

In all suits to which a person is appointed as a guardian/next friend can, without the leave of the Court:

1. Receive any amount, movable property by way of compromise.
2. He cannot enter into any agreement or compromise on his behalf (minor's) in the suit.

The correct answer is stayed 

Key PointsOrder 32, Rule 10 of the Civil Procedure Code:

• Order 32 in the Civil Procedure Code deals with suits involving minors and persons of unsound mind, represented by a next friend (in the case of a minor) or a guardian (in cases involving persons of unsound mind). Rule 10 specifically addresses what happens when the next friend of a minor retires, is removed, or dies.
• According to Order 32, Rule 10:
  • Sub-rule (1): It clearly states that upon the retirement, removal, or death of the next friend of a minor, further proceedings in the suit shall be stayed. This means that the legal proceedings are temporarily halted until a new next friend is appointed to act on behalf of the minor. The purpose behind this provision is to ensure the minor's interests remain protected throughout the legal process.
  • Sub-rule (2): It provides a course of action if the minor's pleader (lawyer) fails to take steps within a reasonable time to get a new next friend appointed. In such cases, any person interested in the minor or in the matter at issue can apply to the court for the appointment of a new next friend. The court has the discretion to appoint a suitable person as it sees fit.

The correct answer is Option 2.

Key Points

• Order 32 (Rules 1 to 16) of the Code of Civil Procedure (CPC), 1908 deals with the “Suits by or against minors and persons of unsound mind.” It specifically prescribes the procedure for suits to be filed by or against minors or persons of unsound mind.  A decree passed in favor of minor/lunatic without appointment of a guardian is not nullity but a decree passed against a minor/lunatic without appointment of guardian is a nullity.\
  • In Ramchandra Arya v. Mansingh (AIR 1968 SC 954), Ramdas filed a civil suit against Ramlal, a person of unsound mind, to recover a sum of money. The suit, initially heard by the Court of Judge, Small Causes, was transferred to the Court of Munisif, which passed an ex parte decree against Ramlal, declaring him sufficiently served. Ramlal’s house was sold in execution of this decree and a sale certificate was issued to Prabhudayal. Despite the sale, Ramlal continued living in the house until his death, after which the property escheated to the Maharaja of Jaipur due to the absence of heirs.
  • Prabhudayal then filed a suit for possession of the house. The defence argued that since Ramlal was a lunatic and no guardian ad litem was appointed in the initial suit, the decree was null and void, making the sale void as well. Both the Trial Court and the first Appellate Court dismissed Prabhudayal’s suit. The High Court upheld these decisions.
  • The Supreme Court ruled that the decree was passed in violation of Order XXXII, Rule 15 of the Code of Civil Procedure, 1908. Ramlal was insane at the time the suit was instituted and during the execution of the decree. The Court reiterated that any decree against a minor or person of unsound mind without the appointment of a guardian is null and void, thus invalidating the sale of Ramlal’s house.

The correct answer is option 3: "Void per se and non-actionable."

Key Points

• Order 32 CPC: When a next friend or guardian enters into an agreement or compromise on behalf of a minor in a legal suit, such an action requires the leave (permission) of the court. This is a safeguard to ensure that any agreement or compromise made is in the best interest of the minor.
• If such an agreement or compromise is made without the court’s leave, it is considered void abinitio. This means it has no legal effect and cannot be enforced, as the necessary judicial oversight to protect the minor's interests is lacking.
• The rationale behind this rule is the protection of minors who are legally incapacitated and unable to protect their own interests. The court's oversight acts as a critical safeguard in legal transactions involving minors.

Additional Information

• Legal Capacity and Minors: Under law, minors are considered to lack the legal capacity to enter into binding agreements. This principle extends to their representation in legal matters, where any significant decision made on their behalf requires judicial scrutiny.
  • In India, Section 11 of the Indian Contract Act of 1872 states that a person is competent to contract if they are of the age of majority. The age of majority is 18 years. 
• Role of the Court: The court’s role in overseeing agreements involving minors is to ensure fairness and the protection of the minor's rights and interests. The court scrutinizes the terms of any agreement or compromise to ascertain that they are not prejudicial to the minor.

Important PointsIt is imperative to understand that agreements or compromises made by a next friend or guardian on behalf of a minor without court approval are void and cannot be legally enforced. This underscores the legal system's commitment to protecting the interests of minors.

Therefore, an agreement entered into or a compromise made by a next friend or guardian for the suit on behalf of a minor, without the leave of the court, is void per se and non-actionable. This rule is fundamental in ensuring that the legal rights and interests of minors are adequately protected in judicial proceedings.