Where multiple trustees, executors, or administrators exist, must they all be joined in suits against any of them per_________________?
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Answer: B. O. XXXI, R. 2 of C.P.C.
Explanation
Order XXXI, Rule 2 of the C.P.C. mandates that multiple trustees, executors, or administrators must be joined as parties. Civil procedure rules prevent plaintiffs from suing only one representative trustee without joining the co-trustees. Joint fiduciary duties require all administrators to be named together to ensure complete and binding adjudication. Trustees and executors hold legal title to estate property for the benefit of beneficiaries under strict fiduciary duties. Joinder rules ensure that all necessary parties are present in court to protect against conflicting legal judgments. Failure to join necessary co-administrators can lead to the dismissal or stalling of a civil lawsuit.
Option A is incorrect because Order XXI relates to the execution of decrees rather than joinder of trustees. Option C is wrong as Rule 3 of Order XXXI covers different aspects of trust litigation. Option D fails because the correct rule requiring the joinder of all trustees is explicitly provided in Rule 2.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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