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  "title": "Legal Representatives´ Suits Act, 1855",
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  "text": "Page 1 of 2 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE LEGAL REPRESENTATIVES' SUITS ACT, 1855 \r\n \r\n \r\n \r\nCONTENTS \r\n1.  Executors may sue and be sued in certain cases for wrongs committed in lifetime of deceased \r\n2.  Death of either party not to abate suit \r\n \r\n \r\n \r\n \r\n\r\n \r\nPage 2 of 2 \r\n \r\n1[THE LEGAL REPRESENTATIVES' SUITS ACT, 1855] \r\nACT No. XII OF 1855 \r\n[27th March, 1855] \r\nAn Act to enable Executors, Administrators or Representatives to sue and be sued for \r\ncertain wrongs2 \r\n WHEREAS it is expedient to enable executors, administrators or representatives in certain \r\ncases to sue and be sued in respect of certain wrongs which, according to the present law, do not \r\nsurvive to or against such executors, administrators or representatives; It is enacted as follows:__ \r\n 1. Executors may sue and be sued in certain cases for wrongs committed in lifetime of \r\ndeceased. An action may be maintained by the executors, adminis trators or representatives of any \r\nperson deceased for any wrong committed in the time of such person, which has occasioned pecu -\r\nniary loss to his estate, for which wro ng an action might have been maintained by such person, so as \r\nsuch wrong shall have been committed within one year before his death 3* * *; and the damages, \r\nwhen recovered, shall be part of the personal estate of such person: \r\n and further, an action may be  maintained against the execu tors or administrators or heirs or \r\nrepresentatives of any person deceased for any wrong committed by him in his lifetime for which he \r\nwould have been subject to an action, so as such wrong shall have been committed within one year \r\nbefore such person's death 4* * * ; and the damages to be recovered in such action shall, if recovered \r\nagainst an executor or administrator bound to ad minister according to the English law, be payable in \r\nlike order of administration as the simple contract debts of such person. \r\n 2. Death of either party not to abate suit.  No action commenced under the provisions of \r\nthis Act shall abate by reason of the death of either party, but the same may be continued by or \r\nagainst the executors, administrators or representatives of the party deceased:  \r\n Provided that, in any case in which any such action shall be continued against the executors, \r\nadministrators or representatives of a deceased party, such execu tors, administrators or \r\nrepresentatives may set up a wan t of assets as a defence to the action, either wholly or in part, in the \r\nsame manner as if the action had been originally commenced against them.] \r\n \r\nDate: 13-09-2024 \r\n1Short title given by the Short Titles Act, 1897 (14 of 1897). \r\nThis 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 \r\nExtent Act, 1874 (15 of 1874), s. 3. \r\nIt 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, \r\nnamely:- \r\nSind   .. .. . .  See Gazette of India, 1880, pt. I, p. 672. \r\nThe Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan. [Portions of the Districts of Hazara, Bannu, Dera Ismail \r\nKhan 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 \r\nPt. 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, \r\n1900 (2 of 1900)]-See Gazette of India, 1886, Pt. I, p. 48. \r\n2See the Civil Procedure Act, 1833 (3 & 4 Will. 4, c. 42), s. 2. \r\n3The 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 \r\n1871), Sch. I. For limitation, see now the Limitation Act, 1908 (9 of 1908). \r\n4The 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, \r\nsee now Act 9 of 1908.",
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