Rule 1.
Representation of beneficiaries in suits concerning property vested in trustees
In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties.
Rule 2.
Joinder of trustees, executors and administrators
Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:
Provided that the executors who have not proved their testator's will, and trustees, executors and administrators outside India, need not be made parties.
Legal Commentary & Landmark Judgments: Order 31
Order XXXI regulates suits by or against trustees, executors, and administrators, providing that they represent the persons beneficially interested and that beneficiaries need not ordinarily be joined.
In litigation concerning registered private or public trusts, ensure every serving trustee is named as a party plaintiff or defendant; omitting a co-trustee violates the mandatory joinder requirement of Order 31 Rule 2.