ORDER XXXI – Suit by or against Trustees, Executors and Administrators

Rule 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. But the Court may, if it thinks fit, order them or any of them to be made parties.

Rule 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 outside India, need not be made parties.

Rule 3: Husband of married executrix not to join

Unless the Court directs otherwise, the husband of a married trustee, administratix or executrix shall not as such be a party to a suit by or against her.


Coming up soon…