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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 3
Title: Suits by or Against Trustees, Executors and Administrators
State: Central
Year: 1908
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. ______________________ 1. Substituted by Act 2 of 1951, section 3, for "the States".
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix H
Title: Miscellaneous
State: Central
Year: 1908
.....of parties as to issues to be tried (Order XIV, rule 6) (Title) whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the ..................... day of..................... 19........./20....,and filed as Exhibit..................... in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be): We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, ..................... will pay to the said ..................... the sum of Rupees ..................... (or such sum as the Court shall hold to be due thereon), and I, the said ..................... , will accept the said sum of Rupees ..................... (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said ..................... ., will do or abstain from doing, etc.] .....................................................................................................Plaintiff......
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