LEGAL REPRESENTATIVES'
SUITS ACT, 1977
( Act No. XXII of Samvat 1977 )
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LEGAL REPRESENTATIVES SUITS ACT, 1977 401
THE LEGAL REPRESENTATIVES' SUITS ACT, 1977
(1920 A.D.)
(ACT NO. X X I I OF 1977)
CONTENTS
Preamble Section Section
1. Executors may sue and be 2. Death of either party not to sued in certain cases for abate suit
wrongs committed in the
life-time of a deceased Proviso
person.
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LEGAL REPRESENTATIVES SUITS ACT, 1977 403
1 THE LEGAL REPRESENTATIVES' SUITS ACT, 1977
(1920 A.D. )
Act No. XXII of Samvat 1977) [Sanctioned by His Highness the Maharaja Sahib Bahadur per Chief Minister's endorsement No. 8372, dated 11th September, 1920 read with the State Council Resolution No. 1, dated 8th April, 1925. (Notification No. 14-L/81).]
An Act to enable Executors, Administrators or Representatives to sue and be used for certain wrongs.
Preamble :—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 :—
1. Executors may sue and be sued in certain cases for wrongs committed in the 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 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 ; 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 ; 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.
1. The Act extends to the whole of Jammu and Kashmir State and came into force on the Ist day of Baisakh, 1978, (by Act IV of 1977).
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404 LEGAL REPRESENTATIVES SUITS ACT, 1977
2. Death of either party not to abate suit.—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 representative of the party deceased :
Proviso.—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.
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