LEGAL REPRESENTATIVES SUITS ACT, 1855

12 of 1855

27th March, 1855

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

Section 1 Short title and extent

(1) This Act may be called the Legal Representatives Suits Act, 1855.

(2) It extends to the whole of the State of Karnataka.

Section 1A Executors may sue and be sued in certain cases for wrongs committed in lifetime of deceased

22. Existing Section 1 renumbered as Section 1-A by Karnataka Act No. 33 of 1978, w.e.f. 29-12-1978 An action may be maintained by the executors, administrators or representatives of any person deceased, for any person deceased, for any wrong committed in the lifetime 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 33. The words "and provided such action shall be brought within one year after the death of such person" omitted by Act No. IX of 1871. Now see Limitation Act, 1963 (36 of 1963) [x x x]; 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 life-time 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 44. The words "and so as such action shall be commenced within two years after the committing of the wrong" omitted by Act No. IX of 1872 [x x x]; 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 to 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.