Order XXXI: Suits by or Against Trustees, Executors and Administrators

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

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.

  • Representation of Beneficiaries [R. 1]: In all suits concerning property vested in a trustee, executor, or administrator, where the contention is between the persons beneficially interested 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.
  • Joinder of All Trustees [R. 2]: Where there are several trustees, executors, or administrators, they shall all be made parties to that suit.
  • Court Power to Add Beneficiaries: Court may at any stage order any or all of the beneficiaries to be made parties to the suit if their interests conflict with the trustees.
Key Landmark Precedents:
  • Chairman, Madappa v. M.N. Mahanthadevaru, AIR 1966 SC 1544: The Supreme Court held that under Order 31 Rule 2, all co-trustees who have accepted the trust must be joined as parties in suits concerning trust property, as the office of trustees is a composite joint office.
  • Raja Bajrang Bahadur Singh v. Thakurain Bakhtraj Kuer, AIR 1953 SC 7: Affirmed that executors represent the estate of the deceased in all third-party civil litigation under Order 31.
Courtroom Practice & Strategic Litigation Guidance:

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.