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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXI: Suits By Or Against Trustees, Executors And Administrators

Order XXXI Rule 3 CPC: Husband of married executrix not to join

Bare Act text

3. Husband of married executrix not to join.—Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.

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

Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix cannot, merely in that capacity, be a party to a suit by or against her. The rule keeps the husband out of such suits unless the Court orders otherwise, since the trusteeship or representative office is held by the wife.

Order XXXI: Suits By Or Against Trustees, Executors And Administrators

  1. 1 Representation of beneficiaries in suits concerning property vested in trustees, etc
  2. 2 Joinder of trustees, executors and administrators
  3. 3 Husband of married executrix not to join