Order XXXI – Suit by or against trustees, executors and administrators
- Where there is a suit between persons beneficially interested in property and third parties, the persons beneficially interested need not be made parties to the suit. (Rule 1)
- They may be represented by their trustees, executors or beneficiaries.
- The court may however order that the beneficiaries be made parties to the suit.
- Where there are several such executors or administrators or trustees, they shall all be made parties to a suit whether the suit is against all or any of them. (Rule 2)
- There are a few exceptions to this rule though. Where a trustee, executor or administrator has not proved the will of the testator or where he does not reside in India, he need not be made a party to the suit.
- Where the executor or administrator or trustee is a female and is married, her husband shall not be made a party to the suit unless the court allows.
(Editor @ Legal Bites)