under the hand of one of Her Majesty's Secretaries of State or of a Secretary to the Government of India, shall, for the purpose of the second paragraph of this section, be deemed to be an alien enemy residing in a foreign country. When a foreign State may sue. M. 431. A foreign State may sue in the Courts of British India, provided that (a) it has been recognized by Her Majesty or the Governor General in Council and, (b) the object of the suit is to enforce the private rights of the head or of the subjects of the foreign State. The Court shall take judicial notice of the fact that a foreign State has not been recognized by Her Majesty or by the Governor-General in Council. M. 432. (17 cl. 4) Persons specially appointed by order of Government at the request of any pointed by Government to Sovereign Prince or ruling Chiefs, prosecute or defend for whether in subordinate alliance with Prince or Chiefs. the British Government or otherwise, and whether residing within or without British India to prosecute or defend any suit on his behalf, shall be deemed to be the recognized agents by whom appearances, acts, and applications under this Code may be made or done on behalf of such Prince or Chief. 433. Any such Prince or Chief, and any ambassador or envoy of a foreign State may, with Suits against Sovereign the consent of Government certified Princes, &c. by the signature of one of its Secretaries (but not without such consent), be sued in any competent Court not subordinate to a District Court; Such consent shall not be given unless (a) the Prince, Chief, ambassador or envoy has instituted a suit in such Court against the person desiring to sue him; or (b) the Prince, Chief, ambassador or envoy by himself or another trades within the local limits of the jurisdiction of such Court; or (c) subject-matter of the suit is immoveable property situate within the said local limits and in the possession of the Prince, Chief, ambassador or envoy. Sovereign Princes, exempt from arrest. &c., M. No such Prince, Chief, ambassador or envoy shall be arrested under this Code; and no decree shall be executed against the property of any such Prince, Chief, ambassador or envoy unless with consent of Government certified as aforesaid. When their property may be attached. Execution in British India of decrees of Courts of native States. M. 434. The Governor-General in Council may, from time to time, by notification in the Gazette of India, (a) declare that the decrees of any Courts situate in the territories of any native Prince or State in alliance with Her Majesty, and not established by the authority of the Governor-General in Council, may be executed in British India as if they had been made by the Courts of British India, and (b) cancel any such declaration. So long as such declaration remains in force, the said decrees may be executed accordingly. CHAPTER XXIX. Subscription and verification of plaint. SUITS BY AND AGAINST CORPORATIONS AND COMPANIES. M. 435. (28) In suits by a corporation, or by a company authorized to sue and be sued in the name of an officer or of a trustee, the plaint may be subscribed and verified (k) on behalf of the corporation or company by any director, secretary, or other principal officer of the corporation or company, who is able to depose to the facts of the case. M. 436. (46,63) When the suit is against a corporation, or Service on corporation or company. may be served, against a company (1) authorized to sue and be sued in the name of an officer or of a trustee, the summons (a) by leaving it at the registered office (if any) of the corporation or company, or (b) by sending it by post in a letter addressed to such officer or trustee at the office (or if there be more offices than one, at the principal office in British India) of the corporation or company, or. (c) by giving it to any director, secretary, or other principal officer of the corporation or company, and the court may require the personal appearance of any director, secretary, or other principal officer of the corporation or company who may be able to answer material questions relating to the suit. CHAPTER XXX. SUITS BY AND AGAINST TRUSTEES, EXECUTORS, Representation of beneficiaries in suits concerning property vested in trustees M, 437. In all suits concerning property vested in a trustee, executor or administrator, the trustee, executor or administrator, shall represent the persons beneficially interested in such property; and it shall not ordinarily be necessary to make &c. CHAPTER XXIX. Si quid universitati debetur, singulis non debetur; nec, quod debet ANY director, secretary or other principal officer of a corporation or company able, to depose to the facts of a case can subscribe and verify plaints for a corporation or company authorized to sue or be sued in the name of an officer or trustee. Upon such corporations and companies a summons may be served by leaving it at the registered office, if any, or by sending it by post in a letter addressed to such officer or trustee at the office, or if there be more offices than one, the principal office in British India, or by giving it to the director, secretary or other principal officer. The Court may require the personal attendance of any director, &c., able to answer material questions relating to the suit. (1) A corporation must sue and be sued in its corporate name. Ram Dass Sen v. Cecil Stephenson, S. W. R., X. 366. The plaint should set out the names of all members of the firm. Watson v. Rupchand Sircar, Suth, S. C. C. Cases. 880. When a plaint has been verified by a person who has not shown to the Court that he is a person competent to verify it, the Court will order the plaint to be removed from the file. Overend, Gurney and Co., v. Steele, Ind. Jur., N. S., I. 39. Companies registered under Act X. of 1866 are not authorized to sue by their officers for recovery of debts arising out of transactions entered into before their registration. M. H. C., VIII, 193, 198. In case of an unincorporated or unregistered company, a plaintiff not knowing of what persons it is composed may sue them by the name under which they are carrying on business, and state his inability to describe them better. Koylash Chunder Roy v. Ellis, S. W. R., XIII. 45. CHAPTER XXX. Assignatus utitur jure auctoris. Whenever property is vested in a trustee, executor or administrator, such person shall represent all persons beneficially interested in such property, and the latter shall not be made parties unless the Court think fit. In suits against one or more executors and administrators, all should be made parties, save those who have not proved the testator's will, and those who reside beyond local limits of Court's jurisdiction; these need not be made parties. The husband of a married administratrix or executrix shall not be made party to a suit by or against her, unless Court so direct. Attention is called to Acts XII. and XIII. of 1855, which will be found in the Appendix. The first provides that executors may sue and be sued in certain cases for wrongs committed in the life-time of the deceased, the latter for compensation to families for loss occasioned by death owing to actionable wrong, see Appendix "Executors." (m) A defendant who is sued by the holder of a certificate of heirship to a deceased Hindu, for a debt due from the defendant to the deceased, is at liberty to show, notwithstanding the certificate of heirship, that he has paid the debt he owed the deceased to the actual heir of the latter before the grant of the certificate of heirship. It will not, however, be sufficient for such defendant to show that he has paid his debt to a person whom he bonâ fide believed to be such heir. Purshotam Mansukh v. Ranchhod Purshotam, Bom. H. C., VIII. 152. The estate, and not the manager thereof, is liable for the costs of a suit instituted, in perfect good faith, for the benefit of the property. Ram Kishor Acharji Chau dhri v. Imcha Debia Chaudhrani, S. W. R., I. Mis. 1. such persons parties to the suit. But the Court may, if it. think fit, order them or any of them to be made such *See p. 265. parties. (m*) +See pp. 126131. + See p. 269, Joinder of executors and administrators. M. 438. When there are several executors or administrators, they shall all be made parties to a suit against one or more of them. Provided that executors who have not proved their testator's will, and executors and administrators beyond the local limits of the jurisdiction of the Court, need not be made parties. Husband of married executrix not to join. M. 439. Unless the Court directs otherwise, the husband of a married administratrix or executrix shall not be a party to a suit by or against her. CHAPTER XXXI. SUITS BY AND AGAINST MINORS AND PERSONS OF M, 440. Every suit Minor must sue by next friend. Costs. by a minor shall be instituted in his name by an adult person, who in such suit shall be called the (n) next friend of the minor, and may be ordered to pay any costs in the suit as if he were the plaintiff. application to the Court on behalf of a minor (other than an application under section 451) shall be made by his next friend, or his guardian M, 441. Every Applications to be made by next friend or guardian ad litem. for the suit. M. 442. If a plaint be filed by or on behalf of a minor, Plaint filed without next friend to be taken off the file. Costs. without a next friend, the defen- by whom it was presented. Notice of such application Guardian ad litem to be appointed by the Court. |