Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.13,13(1),9,52

Law: Trust Act, 1882

Section: 90

Law: Succession Act, 1925

Section: 211,216,218

(a) Civil Procedure Code (V of 1908), O. XX, r. 13-Forms 41, 42 and 43 of plaints in Schedule I, Appendix A -Forms 71, 18,'19 and 20' of decrees in Schedule I, Appendix D-Appendix A and Appendix D not exhaustive-Objects of administration suit-Power of Court under O. XX, r. 13.It will thus be seen that the form of a final decree in a creditor's suit and a suit by a legatee, where an executor is held personally responsi­ble for the payment of legacies, has not been prescribed. Nor has the form of the plaint in a suit by the neat-of-kin been prescribed. From these omissions it should be evident that the forms appearing in Appendix A and Appendix D of the First Schedule are not exhaustive.According to this form (No. 17) the objects of an. administration suit would appear to be :-(a) ascertainment of debts due by the deceased by the (paragraph 1);(b) ascertainment of legacies directed by the testator to be paid out of the estate (paragraph 2) ;(c) payment of the deceased's funeral and testamentary expenses (paragraph 4) ;(d) an enquiry as to what movable property was left by the deceased and which had come to the hands of the defendant or any other person by his order or for his use (paragraph 5);(e) an enquiry as to what part of the movable property of the deceased was outstanding and undisposed of (paragraph 6) ; and(f) an inquiry and an account of what, if any, was the plaintiff entitled to as next-of-kin of the intestate (paragraph 3).Order XX, r. 13. (1) empowers the Court when passing a prelimin­ary decree, to order such accounts and "inquiries to be taken and made and to give such other directions as it thinks fit", the Court would be at liberty to pass a decree in accordance with the circumstances of each case.It seems to me, if I may say so with great respect, that it would be incorrect to rely too much on O.XX, r. 13, or the forms of plaints and decrees prescribed in the First Schedule of the Code of Civil Procedure for ascertaining the objects of an administration suit.(b) Civil Procedure Code (V of 1908), S. 9-Power to entertain administration suit under section 9 and not under O. XX, r. 13.The power to entertain an administration suit is given not by O.…

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