State the rules as laid down in C.P.C. regarding the institution of a suit by or against Trustees, Executors, and Administrators

Question: State the rules as laid down in C.P.C. regarding the institution of a suit by or against Trustees, Executors, and Administrators.

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Answer

Order XXXI of Code of Civil Procedure 1908 lays down the rules regarding the institution of a suit by or against Trustees, Executors, and Administrators. Order XXXI has mainly three rules dealing with the suit by or against Trustees, Executors, and Administrators.

Rule 1 Order XXXI on “Representation of beneficiaries in suits concerning property vested in trustees, etc.”

In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties.

Rule 2 Order XXXI on “Joinder of trustees, executors, and administrators”

Rule 2 says that where there are more than one or several trustees, executors, or administrators, they shall all be made parties to a suit against one or more of them. However, there is a proviso appended to this rule which says that if there are any executors who have not proved their testator’s will, and trustees, executors, and administrators outside India, they need not be made parties suit. Hence, the joinder of parties in these cases doesn’t extend to executors who have failed to prove the will of the testator or those persons who are residing outside India.

Rule 3 Order XXXI lays down that “Husband of married executrix not to join”

Rule 3 of order XXXI clearly suggests that in a suit by or against a female trustee, administratrix, or executrix, her husband shall not be made a party to such suits by or against her. But this is a general rule and exceptions may be created in some cases if courts direct otherwise.

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