THE JAMMU & KASHMIR LEGAL REPRESENTATIVES SUITS ACT, 1977
Act No. XXII of 1977
[dated 8th April, 1977]
An Act to enable Executors, Administrators or Representatives to sue and be sued for certain wrongs.
It is enacted as follows:-
1. Executors may sue and be sued in certain cases for wrongs committed in lifetime of a deceased person
An action may be maintained by the executors, administrators or representatives of any person deceased for any wrong committed in the lifetime of such person, which has occasionally 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; 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 representation 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 and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to law, be payable in like order of administration as the simple contract debts of such person.
2. Death of either party not to abate suit
No Action Commenced under the provision of this Act shall abate by reason of 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 case in which any such action shall be continued against executors, administrators or representatives of the party deceased, such executors, administrators or representatives may set up a want of assets as a defense to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them. |
