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Report No. 54

Chapter 31

Suits by and Against Trustees and Executors


31.1. In the Order relating to suits by and against trustees, executors and administrators, Order 31-the Code first provides that in suits concerning trust-property, the trustee shall represent the beneficiaries, and that, unless the Court otherwise directs the beneficiaries need not be made parties. The Court will order the beneficiaries to be made parties, when the trustees etc. are wholly uninterested in the matter, or have an adverse interest therein. No changes are recommended in this Order.

The Code of Civil Procedure, 1908 Back

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