Updated: Sunday May 24, 2015/AlAhad Sha'ban 06, 1436/Ravivara Jyaistha 03, 1937, at 12:34:29 AM

1[The Legal Representatives' Suits Act, 1855]

ACT No. XII OF 1855

 

[27th March, 1855]

 

An Act to enable Executors, Administrators or Representatives to sue and be sued for certain wrongs2

 

Preamble. WHEREAS it is expedient to enable executors, administrators or representatives in certain cases to sue and be sued in respect of certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives; It is enacted as follows:---

 

 

1Short title given by the Short Titles Act, 1897 (14 of 1897).

 

This Act has been declared to be in force in all the Provinces and the Capital of the Federation, except the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s. 3.

 

 It has been declared, by notification under s. 3 (a) of the Scheduled Dis­tricts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:-­

 

    Sind   ..          ..         . .  See Gazette of India, 1880, pt. I, p. 672.

 

The Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan. [Portions of the Districts of Hazara, Bannu, Dera Ismail Khan and Dera Ghazi Khan and the Districts of Peshawar and Kohat now from the N.W.F.P., see Gazette of India, 1901, Pt. I, p. 857, and ibid., 1902 Pt. I, p. 575; but its application to that part of the Hazara District known as Upper Tanawal has been barred by the Hazara (Upper Tanawal) Regulation, 1900 (2 of 1900)]-See Gazette of India, 1886, Pt. I, p. 48.

 

2See the Civil Procedure Act, 1833 (3 & 4 Will. 4, c. 42), s. 2.

 

1. Executors may sue and be sued in certain cases for wrongs committed in lifetime of deceased. An action may be maintained by the executors, adminis­trators or representatives of any person deceased for any wrong committed in the time of such person, which has occasioned pecu­niary loss to his estate, for which wrong an action might have been maintained by such person, so as such wrong shall have been committed within one year before his death 1 * * *; and the damages, when recovered, shall be part of the personal estate of such person:

and further, an action may be maintained against the execu­tors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death 2* * * ; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to ad­minister according to the English law, be payable in like order of administration as the simple contract debts of such person.

 

2. Death of either party not to abate suit. No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased:

 

Proviso. Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such execu­tors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.]

 

1The words “and provided such action shall be brought within one year after the death of such person” rep. by the Indian Limitation Act, 1871 (9 of 1871), Sch. I. For limitation, see now the Limitation Act, 1908 (9 of 1908).

 

2The words “and so as such action shall be commenced within two years after the committing of the wrong” rep. by Act 9 of 1871, s. 2. For limitation, see now Act 9 of 1908.

 

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