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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order II: Frame Of Suit

Order II Rule 5 CPC: Claims by or against executor, administrator or heir

Bare Act text

5. Claims by or against executor, administrator or heir.—No claim by or against an executor, administrator or heir, as such, shall be joined with claims by or against him personally, unless the last mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable for, jointly with the deceased person whom he represents.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

A claim by or against an executor, administrator or heir in that capacity cannot be joined with claims by or against him personally. The exceptions are claims that arise with reference to the estate he sues or is sued for, or claims he was entitled to or liable for jointly with the deceased person he represents.

Order II: Frame Of Suit

  1. 1 Frame of suit
  2. 2 Suit to include the whole claim
  3. 3 Joinder of causes of action
  4. 4 Only certain claims to be joined for recovery of immovable property
  5. 5 Claims by or against executor, administrator or heir
  6. 6 Power of Court to order separate trials
  7. 7 Objections as to misjoinder