Order XXXI CPC: Suits by or Against Trustees, Executors and Administrators
Order XXXI of the Code of Civil Procedure, 1908 deals with representation of beneficiaries in litigation concerning property vested in trustees, executors or administrators, the joinder of multiple trustees, executors or administrators, and suits involving a married trustee, administratrix or executrix.
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. The Court may, however, if it thinks fit, order them or any of them to be made parties.
Meaning and effect of Rule 1
The rule permits the trustee, executor or administrator to represent beneficiaries in litigation concerning the relevant property, avoiding unnecessary joinder of every beneficiary unless the Court considers their presence necessary or appropriate.
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.
Proviso: Executors who have not proved their testator's will, and trustees, executors and administrators outside India, need not be made parties.
Meaning and effect of Rule 2
As a general rule, all relevant trustees, executors or administrators should be joined where a suit is brought against one or more of them, subject to the statutory exceptions stated in the proviso.
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, merely by reason of being her husband, be a party to a suit by or against her.
Meaning and effect of Rule 3
The provision makes it unnecessary to join the husband solely because the trustee, administratrix or executrix is married. The Court retains power to direct otherwise in an appropriate case.
This page is intended as a convenient legal reference to the central text of Order XXXI CPC. For authoritative wording, statutory footnotes and applicable State amendments, consult the official India Code text and relevant local rules.