act 012 of 1855 : Legal Representatives' Suits Act, 1855

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

An action may be maintained by the executors, administrators or representatives of any person deceased, for any wrong committed in the time 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 ¹***; 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 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 ²*** 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.

STATE AMENDMENT

Karnataka

Amendment of Central Act XII of 1855.--Section 1 of the Legal Representatives’ Suits Act, 1855 (Central Act XII of 1855) shall be renumbered as section 1A and before the section 1A as so renumbered, the following section shall be inserted, namely:--

“1. Short title and extent.--This Act may be called the Legal Representatives’ Suits Act, 1855.

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

[Vide Karnataka 33 of 1978, s. 4].

1. The words "and provided such action shall be brought within one year after the death of such person" rep. by Act 9 of 1871, s. 2 and the First Schedule, see now the Indian Limitation Act, 1963 (36 of 1963).

2. The words "and so as such action shall be commenced within two years after the committing of the wrong" rep. by s. 2 and the First Schedule, ibid, see now Act 36 of 1963.

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.