Judgment Search Results Home > Cases Phrase: code of civil procedure 1908 rule 1 to 3 suits by or against trustees executors and administrators Page 10 of about 276 results (0.169 seconds)

Smt. Uma Aggarwal Vs. Shri Yadvinder Thakar and ors.

Court : Punjab and Haryana

Reported in : (1992)102PLR706

..... there is no dispute with regard to the powers of the court in the matter of grant of probate or letters of administration on proof of due execution of the will and that the court need not in such proceedings go into the validity or otherwise of the will but that does not mean that the court cannot pass any orders in the exercise of jurisdiction under section 151, code of civil procedure. ..... in favour of the later which was, in fact, granted, further consequential relief as claimed for which there was again no dispute could be granted which would otherwise also amount to satisfaction of the claim as provided under order 23 rule 3 of the code of civil procedure if there was no specific provision in the code of civil procedure to cover the situation as had arisen at the time of granting probate in favour of sh. ..... mahajan, advocate for the respondent, has argued that the present appeal is not maintainable against the aforesaid directions given on consent of the parties in view of section 96(3) read with section 141 of the code of civil procedure. ..... , for delivery of possession of the house of the deceased to the executor and delivery of the necessary documents of the properties of the deceased to the executor. ..... uma aggarwal recorded in the main case which is as under :--'the house left by seth bhagirath dass in sector 9 chandigarh is in possession of my mother-in-law and myself as trustees. ..... it has further been argued on behalf of the appellant that a suit has been filed by shmt. .....

Elsy Vs. Raju

Court : Kerala

Reported in : 2006(4)KLT890

..... the form of a regular suit, according to the provisions of the code of civil procedure, 1908 (5 of 1908) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be defendant.rule 26 of the kerala rules is the corresponding rule which reads as follows:conversion of application into suit - upon the affidavit in support of the caveat being filed, notice whereof shall simultaneously be given by the caveator or to the petitioner ..... --(1) caveats against the grant of probate or administration may be lodged with a district judge or a district ..... the said assets exclusive of what the deceased may have been possessed of or entitled to as a trustee for another and not beneficially or with power to confer a beneficial interest and also exclusive of the items mentioned in the said schedule no. ..... thomas.b) ext.a2 is an unregistered instrument.c) there was no need for thomas to appoint an executor when there was only one item of property to be dealt with under the document.d) in ..... proceedings shall be ordered by the court to be numbered as a suit in which the petitioner for probate or letters of administration shall be the plaintiff and the caveator shall be the defendant, the petition for probate or letters of administration being registered as and deemed as a plaint filed against the caveator, and the affidavit filed by the caveator being treated us his written statement in the suit. .....

Bhuggobutty Prosonno Sen Vs. Gooroo Prosonno Sen and ors.

Court : Kolkata

Reported in : (1898)ILR25Cal112

..... been decided in this country under clause 12 of the charter, or under section 16 of the civil procedure code, or under the insolvent debtors' act, and also in england under the county courts' acts, show in what different senses the words 'living,' 'residing' or 'dwelling' and similar expressions may be used, and that sometimes a very narrow and artificial meaning is applied to them. ..... in showing how the practice as to administration actions was changed by the rules of the supreme court, 1883, the learned judge makes the following observations:there were formerly in the court of chancery numbers and numbers of cases in which an administration suit was necessarily instituted, not because the parties desired the administration of the estate generally, but because there were certain questions---they may have been minute, they may have been limited ..... questions between trustees and beneficiaries, and between trustees and strangers, necessitating often, it may be presumed, the construction of certain provisions of the trustdeed have been entertained and determined by both courts of law and equity, without the court being asked to undertake the entire administration of the ..... property in harrison road) the executors shall every month lay aside rs ..... of a very special kind, and he bases his claim on a cause of action which exists only as against the defendant gooroo proaonuo sen, although it indirectly affects the infant defendants as heirs of the testator and beneficiaries under his will.8. .....

Maheswar Pramanick and Ors. Vs. Chabi Rani Sadhukhan and Ors.

Court : Kolkata

..... section 47 of the code limited applicability to the aforesaid parameters.it is gain saying that the decree passed against the dead person is the nullity and can be assailed in a collateral proceeding including section 47 of the code of civil procedure. ..... in this regard, reference can be made to the provisions of order 22 rule 6 of the code of civil procedure which clearly provides that there shall not be any abatement by reason of death of either party between the conclusion of the hearing and pronouncement of the judgement as in such case the judgement pronounced, notwithstanding the death, shall have some force and effect, as if, it had been pronounced before death took place. ..... . in cases where the provisions of order i, rule 8 of the civil procedure code are attracted a named party in a suit represents the other persons interested in the litigation and likewise a receiver appointed in one case represents the interest of the litigating parties in another case against a stranger ..... . it is further observed that section 213 though impose a bar in establishing the right under the will by an executor or legatee, unless the probate or letter of administration is granted, but such bar can come into play when a right as an executor or legatee under the will is sought to be established ..... . a karta of a joint hindu family has always been recognised as a representative of the other members of the joint hindu family, and so has been a trustee .....

Mahant Narsidasji Balmukunddasji Vs. Bai Jamna

Court : Mumbai

Reported in : AIR1939Bom354; (1939)41BOMLR787

..... that the court-fees paid were insufficient, that the suit is governed by section 92 of the civil procedure code, and is, therefore, bad for want of the sanction of the collector, and that it is not maintainable as an administration suit.7. ..... the second alternative relief prayed for is that true and proper accounts should be taken of the defendants' management and of the loss sustained by the estate of the deceased owing to their mismanagement and negligence, that the court would decide the liability of the defendants to the estate and would remove them from their trusteeship and appoint new trustees and make proper administration of the estate. ..... in april of that year she sent notices through a pleader to the defendants, who are executors under the wills or trustees under the trust deed or both, contesting the validity of these deeds and1 claiming maintenance suitable to her requirements and status in life. ..... the second point is, that, as the additional court-fees which plaintiff was ordered to pay were not paid, the plaint should have been rejected under order vii, rule 11, of the civil procedure code, and that an amendment of the plaint was not permissible. ..... there were cross-appeals against these orders but they were dismissed. ..... 95 of 1936 is an appeal against a decree of the first class subordinate judge, ahmedabad, awarding the plaintiff rs. .....

Dinbai Hormasji Mirapurwala Vs. Bamansha Jamasji Shet

Court : Mumbai

Reported in : AIR1934Bom296; (1934)36BOMLR608; 152Ind.Cas.168

..... this is an appeal against a decree of the first class subordinate judge with appellate powers at broach dismissing the appellant's appeal against an order passed by the subordinate judge of ankleshvar under section 47, civil procedure code. ..... 19, in which the terms of the policy are given, and it appears that the sum payable under the policy was payable at death or at age fifty-five with profits to the insured, but in the event of his death before his wife it was to go to the wife, and failing her, to the insured, his executors, administrators or assigns. ..... in the present case, if the insured had not died before attaining the age of fifty-five, payment could not possibly have been made to the official trustee, the administrator-general in this province. ..... besides, this section contemplates that when the amount becomes payable, it shall be paid to the official trustee of the presidency, which also means that the amounts is to be payable not to the assured, but becomes payable after his death. ..... a preliminary objection has been taken by the learned counsel for the respondent that no appeal lies, on the ground that the objection taken by the widow was one under order xxi, rule 53, and the court having under rule 58 decided that the objection was unsustainable, the only remedy of the widow was to bring a suit under order xxi, rule 63, and no appeal lay. .....

Kashinath Mahadev Mahajan Vs. Gangubai Keshav Nagarkar

Court : Mumbai

Reported in : (1929)31BOMLR349; 117Ind.Cas.523

..... 113 it was held that a suit by a trustee of a charitable or religious trust against a co-trustee for accounts does not fall within section 92 of the code of civil procedure, and may be brought without the sanction of the advocate general. ..... 749 it was held that a suit for the removal of a trespasser in possession of trust property is not a suit of the kind contemplated by section 92 of the code of civil procedure, and, therefore, for the institution of such a suit no consent of the advocate general is necessary. ..... it was next contended that the present suit will not lie, and that the proper course was to bring a suit with the permission of the collector under section 92 of the code of civil procedure. ..... ganu, it was held that a suit by a hereditary pujari of a temple to recover his share in the offerings to the deity falls within the purview of section 92, but in that case a scheme had been framed, and a dispute had arisen which invited the direotiou of the court to the administration of the trust property and therefore the section was held to apply. ..... the learned district judge found the only objection to the award was that the arbitrator had no right to appoint the successor trustee after the death of the executors when the trust was admittedly of a public character. ..... there are a very large number of rulings on this point as to what suits will fall under section 92, and what will not. .....

In Re: Goods of Mrs. Lilian Singh (Known as Mrs. Lila Singh)

Court : Kolkata

Reported in : AIR1943Cal93

..... . now, maclaren and dawson as executors and' trustees of henry stainton brought an administration suit in london ..... . this court has acted for a long series of years on the view that its powers of control over persons within its jurisdiction, by injunctions operating in personam, are not restricted by the provisions of the civil procedure code, and i think it is too late to ask us to depart from its practice ..... . 233, it appears to be emphasised that an order by this court of the nature which is now sought to be obtained, cannot be granted unless the person against whom the order is to be enforced is within the jurisdiction, and the view appears to be expressed that ha should reside within the jurisdiction ..... think, be no doubt that as a general rule a person living entirely under a foreign jurisdiction should be left to obtain, such relief as his own court may afford-normally, the courts would not prevent a person from seeking relief in a court within whose jurisdiction he resides, but it is quite a different thing to say that a court has no-power under any circumstances to restrain a person not resident within its jurisdiction from proceeding with a suit in the province or country in ..... . 405 be taken to have laid it down as an inflexible rule that a person living outside the jurisdiction of this court cannot be restrained by an injunction of this court from proceeding with a suit in his own province, then i must respectfully beg leave to differ from that view .....

Official Liquidator Vs. Dr. Sailendra Nath Sinha and ors.

Court : Kolkata

Reported in : [1973]43CompCas107(Cal)

..... section 306 of the succession act, says the madras high court, is confined in dealing with survival of demands and rights of action, to executors and administrators and does not apply to heirs or legal representatives. ..... thakorelal chimanlal munshaw, : air1954bom121 it has been held that proceedings under section 235 of the companies act, 1913, by way of misfeasance summons are verv similar to proceedings in the nature of a suit and fall within the scope of section 141 of the code which lays down that the procedure provided in the code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any court of civil jurisdiction. ..... the directors of a company are trustees for the company and not for the individual shareholders thereof, and with reference to their powers of employing the funds of the company and for misuse of the power they could be rendered liable as trustees and, on their death, the cause of action survived against their legal representatives. ..... on similar principles, in my opinion, the provisions of order 22, rule 1 of the code which prescribes that the death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives should be made applicable to misfeasance proceedings under section 543 of the companies act, 1956. .....

Nandkishore Mohanlal Vs. Jhunjhunwala and Co. and ors.

Court : Madhya Pradesh

Reported in : AIR1990MP331; 1990MPLJ382

..... the word 'persons' in order 33 has reference to all those who have a right to institute a suit under the code of civil procedure. ..... 5405/-, it applied under rule 1 of order 33 of the code of civil procedure (hereinafter referred to as 'the code') to sue as an indigent person, which was registered as ..... madras 549 (fb), it was held that suits under civilprocedure code can be instituted not only by natural human beings but also by artificial persons such as a corporation or an idol and also by persons like executors, administrators, trustees and official receivers who represent the estate ..... the scheme of the code, the context and object of the enactment would not exclude an official receiver from the category of persons within the meaning of order 33, rule 1, civil procedure code.9. ..... trust mandir nageshar nath, air 1940 oudh 148 (fb), also it was held that when a plaintiff sues in a representative character such as mutawalli, trustee or a shebait, personal property of the plaintiff is not to be taken into consideration and only property of the wakf or trust in the hands of the plaintiff in the representative capacity should be taken into account to determine whether he has sufficient funds to pay ..... another suit for recovery of money against the respondents ..... 1 of 1989, the suit filed by the same plaintiff for recovery of certain amount against another set of defendant was ..... case went against him. ..... 1,05,965-70 against the respondents, since the firm was unable to pay requisite ..... as against this .....