The Legal Representatives Suits Act, 1855

An action may be maintained by the executors, administrators or representatives of any person deceased, for any wrong committed in the time of such person, which has occasionedpecuniary loss to his estate, for which wrong an action might have been maintained by such person, so assuch wrong shall have been committed within one year before his death 1***; and the damages, whenrecovered, shall be part of the personal estate of such person; and further, an action may be maintained against the executors or administrators or heirs orrepresentatives of any person deceased for any wrong committed by him in his lifetime for which hewould have been subject to an action, so as such wrong shall have been committed within one year beforesuch person's death 2*** and the damages to be recovered in such action shall, if recovered against anexecutor or administrator bound to administer according to the English law, be payable in like order ofadministration as the simple contract debts of such person. STATE AMENDMENT Karnataka Amendment of Central Act XII of 1855.--Section 1 of the Legal Representatives’ Suits Act,1855 (Central Act XII of 1855) shall be renumbered as section 1A and before the section 1Aas so renumbered, the following section shall be inserted, namely:-- “1. Short title and extent.--This Act may be called the Legal Representatives’ Suits Act,1855. (2) It extends to the whole of the State of Karnataka”. [Vide Karnataka 33 of 1978, s. 4].

No action commenced under the provisions ofthis Act shall abate by reason of the death of either party, but the same may be continued by or against theexecutors, administrators or representatives of the party deceased: Provided that, in any case in which anysuch action shall be continued against the executors, administrators or representatives of a deceased party,such executors, administrators or representatives may set up a want of assets as a defence to the action,either wholly or in part, in the same manner as if the action had been originally commenced against them.