CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1271
630. The court may direct such other persons to be served with the summons as it may think fit.
Service on other persons. O. 55, r. 6.
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.
Evidence in support of application. O. 55, r. 7.
632. It shall be lawful for the court upon such summons to pronounce such judgment as the nature of the case may require.
Judgment upon summons. O. 55, r. 8.
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.
Carriage and service of judgment. O. 55, r. 9.
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.
Right of the court to refuse to order administration. O. 55, r. 10.
635. On an application for administration or execution of trusts by a creditor or beneficiary under a will, intestacy, or deed of trust where no accounts or insufficient accounts have been rendered, the court may, in addition to any other powers vested in it,--
(1) order that the application shall stand over for a certain time, and that the executors or administrators or trustees shall render to the applicant a proper statement of their accounts, with an intimation that, if that is not done, they may be made to pay the costs of the proceedings; or,
(2) when necessary, to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order for administration, with a proviso that no proceedings are to be taken under such judgment or order without the special leave of the court.
Orders on application for administration, or execution of trust, where no sufficient accounts have been rendered. O. 55, r. 10A.
636. The issue of a summons under section 627 shall not interfere with or control any power or discretion vested in any executor or administrator or trustee, except so far as such interference or control may necessarily be involved in the particular relief sought.
Interference with discretion of executor, etc. O. 55, r. 12.