Order XXXI Rule 2 CPC - Joinder of Trustees, Executors and Administrators
Order XXXI Rule 2 of the Code of Civil Procedure, 1908 (CPC) governs which trustees, executors or administrators must be joined as parties when proceedings are brought against one or more persons acting in those capacities. The provision establishes a general rule of joinder, subject to specific exceptions.
Text of Order XXXI Rule 2 CPC
Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:
Provided that the executors who have not proved their testator's will, and trustees, executors and administrators outside India, need not be made parties.
Meaning and scope of the rule
The expression joinder of parties means including persons as plaintiffs or defendants in a civil suit. Under Rule 2, where several persons hold the relevant representative office, all are ordinarily to be joined in a suit against one or more of them. This helps ensure that the persons responsible for the trust or estate are before the court when the dispute is adjudicated.
Exceptions under the proviso
- Executors who have not proved the will: An executor who has not proved the testator's will need not be joined under the express proviso.
- Persons outside India: Trustees, executors and administrators outside India need not be joined under this rule.
These are exceptions to the joinder requirement; they do not, by themselves, determine the substantive rights or liabilities of any person or prevent the court from examining other applicable procedural requirements.
Definitions of important legal terms
Trustee
A person who holds or administers trust property subject to obligations arising from a trust. The Indian Trusts Act, 1882, particularly Section 3, provides definitions relevant to private trusts within its scope.
Executor
A person to whom the execution of the deceased person's last will is entrusted by the testator's appointment. See Section 2(c) of the Indian Succession Act, 1925.
Administrator
A person appointed by competent authority to administer the estate of a deceased person when there is no executor. See Section 2(a) of the Indian Succession Act, 1925.
Testator and probate
A testator is a person who makes a will. Probate is the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator, as defined in Section 2(f) of the Indian Succession Act, 1925.
Relationship with other CPC provisions
Order XXXI Rule 1 deals with representation of beneficiaries in suits concerning property vested in trustees, executors or administrators. Order I contains the general framework for parties to suits, including the effect of non-joinder and the court's power to add parties. Order XXXI Rule 2 addresses the particular situation of multiple trustees, executors or administrators.
Practical application
Before filing a suit against trustees or estate representatives, identify all persons holding the relevant office, determine whether any executor has not proved the will, and ascertain whether any representative is outside India. The pleadings should reflect the parties whose joinder is required and the basis for relying on an exception, where relevant.
Official statutory resources
Consult the official India Code portal for the Code of Civil Procedure, 1908, the Indian Trusts Act, 1882 and the Indian Succession Act, 1925. The Legislative Department also provides central legislation resources. Check the applicable text, amendments and judicial interpretation for the jurisdiction and facts of the case.
This article explains the general statutory framework and is not a substitute for case-specific legal advice.