Civil Procedure Code Defence In Administration Suit By Pecuniary Legatee

Defence in Administration Suit by Pecuniary Legatee

1.     A.B.'s will contained a charge of debts; he died insolvent; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of Rs________, and the testator had some movable property which the defendant got in, and which produced the net sum of Rs_________

2.     The defendant applied the whole of the said sums an d the sum of Rs___________which the defendant received from rents of the immovable property in the payment of the funeral and testamentary expenses and some of the debts of the testator.

3.     The defendant made up his accounts and sent a copy thereof to the plaintiff on the __________day of 19__________, and offered the plaintiff free access to the vouchers to verify such accounts, but he declined to avail himself of the defendant's offer.

4.     The defendant submits that the plaintiff ought to pay the costs of this suit.