Custodian, Branches of BANCO National Ultramarino v Nalini Bai Naique (1989)

CPC & Limitation Act · Execution of Decrees — Modes, Attachment & Sale (ss.36–74, O.21)

Facts.

A dispute arose over whether a particular person qualified to represent a deceased party’s estate in the proceedings.

Issue.

How wide is the definition of “legal representative” in s.2(11)?

Held.

“Legal representative” is given a wide and inclusive meaning — it covers anyone who in law represents the estate of the deceased, including intermeddlers with the estate, not merely heirs.

Why it matters.

It supports the O.22 mechanics of bringing the right persons on record after a party’s death.

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