Substitution of Legal Heirs -- Death of Trustee-Plaintiff -- Legal Heirs Cannot Continue Trust Suit
Civil Procedure Code, 1908, O.22 R.3 and R.10 -- Substitution of Legal Heirs -- Death of Trustee-Plaintiff -- Where a suit is filed by a trustee in that capacity, the legal heirs of the deceased trustee do not become trustees automatically. They are not “legal representatives” under S.2(11) CPC. Only a trustee elected or appointed under the scheme of trust, who steps into the deceased trustee’s position, can continue the suit. Such a case falls under O.22 R.10, not O.22 R.3.
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