42. Plaintiff suing in a representative character must show that the character has accrued to him

42. When the plaintiff sues in a representative character, the plaint should show, not only that he has an actual existing interest in the subject-matter, but that he has taken the steps necessary to enable him to institute an action concerning it.

Illustrations

(a) A sues as B's executor. The plaint must state that A has proved B’ s will.

(b)A sues as C’ s administrator. The plaint must state that A has taken out administration to C’ s estate.