Code of Civil Procedure, 1908 Rule 1 to 3 - Bare Act |
| State | Central Government |
| Year | 1908 |
| Section Title | Suits by or Against Trustees, Executors and Administrators |
1 . 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. B ut the Court may, if it thinks fit, order them or any of them to be made parties.
2 . Joinder of trustees, executors and administrators
Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:
Provided that the executors who have not proved their testator's will, and trustees, executors and administrators outside1[India], need not be made parties.
3 . Husband of married executrix not to join
Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.
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1. Substituted by Act 2 of 1951, section 3, for "the States".