Legal Representatives´ Suits Act, 1855

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THE LEGAL REPRESENTATIVES' SUITS ACT, 1855 
 
 
 
CONTENTS 
1.  Executors may sue and be sued in certain cases for wrongs committed in lifetime of deceased 
2.  Death of either party not to abate suit 
 
 
 
 

 
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1[THE LEGAL REPRESENTATIVES' SUITS ACT, 1855] 
ACT No. XII OF 1855 
[27th March, 1855] 
An Act to enable Executors, Administrators or Representatives to sue and be sued for 
certain wrongs2 
 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 lifetime of 
deceased. An action may be maintained by the executors, adminis trators or representatives of any 
person deceased for any wrong committed in the time of such person, which has occasioned pecu -
niary loss to his estate, for which wro ng an action might have been maintained by such person, so as 
such wrong shall have been committed within one year before his death 3* * *; and the damages, 
when recovered, shall be part of the personal estate of such person: 
 and further, an action may be  maintained against the execu tors 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 4* * * ; and the damages to be recovered in such action shall, if recovered 
against an executor or administrator bound to ad minister according to the English law, be payable in 
like order of administration as the simple contract debts of such person. 
 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 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 execu tors, administrators or 
representatives may set up a wan t 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.] 
 
Date: 13-09-2024 
1Short title given by the Short Titles Act, 1897 (14 of 1897). 
This Act has been declared t o be in force in all the Provinces and the Capital of the Federation, except the Scheduled Districts, by the Laws Local 
Extent Act, 1874 (15 of 1874), s. 3. 
It has been declared, by notification under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, 
namely:- 
Sind   .. .. . .  See Gazette of India, 1880, pt. I, p. 672. 
The Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan. [Portions of the Districts of Hazara, Bannu, Dera Ismail 
Khan and Dera Ghazi Khan and the Districts of Peshawar and Kohat now from the N.W.F.P., see Gazette of India, 1901, Pt. I, p.  857, and ibid., 1902 
Pt. I, p. 575; but its application to that part of the Hazara District known as Upper Tanawal has been barred by the Hazara (Upper Tanawal) Regulation, 
1900 (2 of 1900)]-See Gazette of India, 1886, Pt. I, p. 48. 
2See the Civil Procedure Act, 1833 (3 & 4 Will. 4, c. 42), s. 2. 
3The words “and provided such action shall be brought within one year after the death of such person” rep. by the Indian Limitation Act, 1871 (9 of 
1871), Sch. I. For limitation, see now the Limitation Act, 1908 (9 of 1908). 
4The words “and so as such action shall be commenced within two years after the committing of the wro ng” rep. by Act 9 of 1871, s. 2. For limitation, 
see now Act 9 of 1908.