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A suit instituted by a minor or a lunatic without a next friend, under Order XXXII, Rule 2 of CPC, the same is liable to be:
struck of
stayed
proceeded with in ordinary course
proceeded with if the defendant consents.
- Option 1: struck off.
- A suit by a minor or lunatic without a next friend may be dismissed.
- It is due to lack of legal standing without a representative.
- Option 2: stayed.
- Staying the suit pauses proceedings temporarily.
- It doesn't resolve the issue of improper representation.
- Option 3: proceeded with in ordinary course.
- Proceedings continue as usual.
- This is unlikely without proper representation for a minor or lunatic.
- Option 4: proceeded with if the defendant consents.
- Defendant's consent doesn't address the absence of a next friend.
- Legal requirements still unmet.
Option 1: struck off, is the correct choice.
By: Parvesh Mehta ProfileResourcesReport error
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