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LEGAL REPRESENTATIVES' SUITS ACT

Ministry of Law and Justice

Act nº 12 of 1855


  • Act nº 12 of 1855

Preamble

[THE LEGAL REPRESENTATIVES SUITS ACT, 1855]

[Act, No.12 of 1855]

[AS ON 1956]

[27th March, 1855.]

PREAMBLE

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

{The words and so as such action shall he 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.}

WHEREAS it is expedient to enable executors, administrators or representatives in certain cases to sue and be sued in respect of

{The words "and provided such action shall be brought within one Year after the death of such person " rep.by Act 9 of 1871, Sch.I.For limitation see now the Indian Limitation Act, 1908 (9 of 1908} Short title given by the Indian Short Titles Act, 1897 (14 of 1897).

This Act has been declared to be in force in the whole of India, except Part BStates and the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s.3.

It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch.; and in the Santhl Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), 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:-

West Jalpaiguri...............

See Gazette of India, 1881, Pt.I, p.74.

The Districts of Hazaibagh,

Lohardaga (now the Ranchi

District, see Calcutta Gazette,

1899, Pt.I, p.44), and Mnbhum,

and Pargana Dhalbhum.and

the Kolhan in the District of

Singbhum................

Ditto

1881, Pt. I, p.504.

The Scheduled portion of the

Mirzapur District.............

Ditto

1879, Pt.I, p.383.

Jaunsar Bawar..................

Ditto

1879, Pt.I, p.382.

The District of Lahaul.........

Ditto

1886, Pt.I, p.301.

The Scheduled Districts of the

Madhya Pradesh.............

Ditto

1879, Pt.I.p.771.

The Scheduled Districts in

Ganjam and Vizagapatam..........

Ditto

1898, Pt.I, p.870.

Assam (except the North Lushai

Hills)......

Ditto

1897, Pt.l, p 299:

The Porahat Estate in the Sing-

bhum District...........

Ditto

1897, Pt.I, p.1059.

It has been extended, by notification under s.5 of the last-mentioned Act, to the following Scheduled Districts, namely:--

Kumaon and Garhwal.............See Gazette of India, 1876, Pt.I, p.606.The Tarai of the Province of Agra Ditto 1876, Pt.I, p.505.

It has been extended to the New Provinces and Merged States, see Act 59 of 1949, and to the States of Tripura, Manipur and Vindhya Pradesh, see Act.30 of 1950.

{The words " and so as such action shall he 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.} See the Civil Procedure Act, 1833 (3 & 4 Will.4, c.42), s.2. certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives; It is enacted as follows:--

Section 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 of by such person, so as such wrong shall have been committed within one year before his death {The words "and provided such action shall be brought within one Year after the death of such person " rep.by Act 9 of 1871, Sch.I.For limitation see now the Indian Limitation Act, 1908 (9 of 1908).} 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 {The words " and so as such action shall he 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.} ; 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.

Section 2. Death of either party not be abate suit. Proviso

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: 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.