Question

On the retirement, removal or death of a next friend, under Order XXXII, Rule 10 of CPC, the suit is liable to be:

• A. stayed
• B. dismissed
• C. rejected
• D. either a, b or c

Hint:

If a next friend is gone, proceedings are stayed until a replacement is appointed.

Answer 1

The Correct Option is A

Step 1: Rule provision.
Order XXXII deals with suits by or against minors and persons of unsound mind. Rule 10 provides that if the next friend retires, dies, or is removed, the proceedings shall be stayed until a new next friend is appointed.
Step 2: Clarification.
The case is not dismissed or rejected; it is temporarily stayed.
Step 3: Conclusion.
Thus, option (a) stayed is correct.