Report No. 110
33.11. Section 200-Suits by curators.-
This takes us to section 200, which in the main paragraph provides that the curator shall be subject to all orders of the District Judge regarding the institution or the defence of suits, and all suits may be instituted or defended in the name of the curator on behalf of the estate. Under the proviso, an express authority shall be requisite in the order of the curator's appointment for the collection of debts or rents: but such express authority shall enable the curator to give a full acquisttance for any sums of money received by virtue thereof.
33.12. Recommendation to clarify the position as to authority of curator.-
The section is derived from an Act of 18411. The principle underlying the section is simple. A curator is an officer of the court, and suits instituted by him are subject to control of the court. The question, however, is whether, before a suit is instituted by the curator, he must obtain the leave of the court. The section provides that a suit should be instituted or defended in the name of the curator. But, according to judicial interpretation, it is not necessary2 that the curator must be specifically authorised by the District Judge to institute or defend the suit. The position, in this regard, should be codified by adopting the judicial interpretation.
The proviso to section 200 requires that if a curator is appointed to collect debts or rents of property, the order appointing him as curator must confer express authority to give discharge for the moneys received. The proviso does not relate to the institution or defence of suits, but to the collection of debts and rents.
1. Section 9, Succession (Property Protection) Act, 1841 (19 of 1841).
2. Lakshari Chand v. Ram Lal, AIR 1931 All 423.