Rule 5 of CPC : Rule 5: Claims by or against executor, administrator or heir.
CPC
JavaScript did not load properly
Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.
Explanation using Example
Example 1:
Ravi's father, Mr. Sharma, passed away, leaving behind a substantial estate. Ravi is appointed as the executor of his father's will. A creditor, Mr. Verma, files a lawsuit against Ravi, claiming that Mr. Sharma owed him Rs. 5 lakhs. In the same lawsuit, Mr. Verma also tries to claim Rs. 1 lakh from Ravi personally for a separate loan Ravi took from him. According to Rule 5 of the Code of Civil Procedure 1908, Mr. Verma cannot join the personal claim against Ravi with the claim against Ravi as the executor of his father's estate unless the personal claim is related to the estate or was a joint liability with Mr. Sharma.
Example 2:
Priya is the administrator of her late mother Mrs. Gupta's estate. Mrs. Gupta had a pending contract dispute with a business partner, Mr. Singh. Mr. Singh sues Priya in her capacity as the administrator of Mrs. Gupta's estate to resolve the contract dispute. In the same lawsuit, Mr. Singh also tries to sue Priya personally for a separate business deal they had. Under Rule 5 of the Code of Civil Procedure 1908, Mr. Singh cannot combine the personal claim against Priya with the claim against her as the administrator unless the personal claim is connected to the estate or was a joint obligation with Mrs. Gupta.