THE LEGAL REPRESENTATIVES’ SUITS ACT, 1855

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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
THE LEGAL REPRESENTATIVES’ SUITS 
ACT, 1855
(XII of 1855)
TEXT
1THE LEGAL REPRESENTATIVES’ SUITS ACT, 1855
(XII of 1855)
 [27 March 1855]
An
Act
to enable Executors, Administrators or Representatives to sue  and be sued 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  
lifetime of deceased.– An action may be maintained by the Executors, Administrators  
or Representatives of any  person deceased, for any wrong committed in the life-time  
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  2[* * * * * * * * * * * * * * * *]; 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 life-time 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 3[* * * * * * * * * * * * * 
* * * *]; and the damages to be recovered in such action shall, if recovered against an  
Executor  or  Administrator  bound  to  administer  according  to  the  English  Law,  be 
payable in like order of administration as the simple contract debts of such  person.
1This Act was declared to be in force  in  all  the  Provinces and  the  Capital  of the  Federation,  except the  Scheduled Districts, by  
the Laws Local Extent Act, 1874 (XV of 1874), s. 3. Short title was given by the Short Titles Act, 1897 (XIV of 1897).  It was  
declared by Notification under s. 3  (a) of the  Scheduled Districts Act, 1874  (XIV of 1874), to be in force in the Scheduled Districts,  
namely: Districts of Hazara, Peshawar, Kohat, Bannu, Dera Ismail Khan and Dera Ghazi Khan  [portions of  the  Districts of Hazara,  
Bannu, Dera  Ismail  Khan,  Dera  Ghazi  Khan  and   Districts  of Peshawar and  Kohat],  see Gazette of India, 1901,  Part I, p. 857, 
and  ibid., 1902  Part I, p. 575; but its application to that part of the Hazara District known as Upper Tanawal was barred by the  
Hazara (Upper Tanawal) Regulation, 1900  (2 of 1900) - see Gazette of India, 1886,  Part I, p. 48, see Gazette of India, 1880, Part 
I, p. 672.
2The words “and provided such action shall be brought within one year after the death of such person” were repealed by the Indian  
Limitation Act, 1871 (IX of 1871), Schedule I. For limitation, see now the Limitation Act, 1908 (IX of 1908), published in the Gazette  
of India, dated: 19 December 1908, pp. 231-246.
3The words “and so as such action shall be commenced within two years after the committing of the wrong” were repealed ibid.
2. Death of either party not to abate suit  − Proviso .–  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 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.