1280
No. 3 of 1901.
Service on
CODE OF CIVIL PROCEDURE.
(b) under sub-section (2) of section 627, any member or alleged member of the class;
(c) under sub-section (3) of section 627, any person interested in taking such accounts;
(d) under sub-section (4) of section 627, any person interested in such money;
(2) Where the summons is taken out by an executor, administrator or trustee for relief—
(a) under paragraph (a) of section 628, the residuary legatees, or next of kin, or some of them;
(b) under paragraph (b) of section 628, the residuary devisees, or heirs, or some of them;
(c) under paragraph (c) of section 628, the cestuis que trustent, or some of them.
(3) If there are more than one executor or administrator or trustee, and they do not all concur in taking out the summons, those who do not concur shall also be served.
(4) Where the summons is taken out by any person other than the executors or administrators or trustees, the said executors or administrators or trustees.
630. The Court may direct such other persons to be served with the summons as it may think fit.
O.55 r. 6.
Evidence in support of application. ib. r. 7.
Judgment upon summons. ib. r. 8.
Carriage and service of judgment. ib. r. 9.
Right of the
Court to refuse to order administration.
ib. r. 10.
631. The application shall be supported by such evidence as the Court may require, and such directions may be given as the Court may think proper for the trial of any questions arising thereout.
632. It shall be lawful for the Court upon such summons to pronounce such judgment as the nature of the case may require.
633. The Court may give any special directions relating to the carriage or execution of the judgment, or the service thereof on persons not parties, as it may think just.
634. It shall not be obligatory on the Court to pronounce or make a judgment or order, whether on summons or otherwise, for the administration of the estate of any deceased person or of any trust, if the questions between the parties can be properly determined without such judgment or order.