CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
855
(2) 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.
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.
Service on other persons. O. 55, r. 6. 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.
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.
Judgment upon summons. O. 55, r. 8.
Carriage of judgment and service 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 to order of any trust, if the questions between the parties can be properly determined without such judgment or order.
Right of court to refuse 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. 10.
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CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
855
(2) where the summons is taken out by any person other than the executors or administrators or trustees-the said execu- tors or administrators or trustees.
630. The court may direct such other persons to be served Service with the summons as it may think fit.
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.
on other persons. O. 55, r. 6. Evidence in support of application. 0. 55, r. 7.
632. It shall be lawful for the court upon such summons Judgment 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.
upon summons.
0. 55, r. 8.
Carriage
of judgment. and service
0. 55, r. 9.
the court to refuse
634. It shall not be obligatory on the court to pronounce or Right of make a judgment or order, whether on summons or otherwise, for the administration of the estate of any deceased person or to order of any trust, if the questions between the parties can be properly administra- determined without such judgment or order.
tion. O. 55, r. 10.
635. On an application for administration or execution of Orders on
for adminis- trusts by a creditor or beneficiary under a will, intestacy or application deed of trust where no accounts or insufficient accounts have tration, or 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.
execution of trust, where no sufficient accounts
rendered.
have been 0. 55, r. 10.
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