ORDER 31, RULE 1-3 | SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

Text of ORDER 31, RULE 1-3

ORDER XXXI
SUITS 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 1 [Pakistan], 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, administratrix, or executrix shall not as such be a party to a suit by or against her.

Explanation of ORDER 31, RULE 1-3

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