JUDGMENT

Baguley, J - One Daw Unit died levying a considerable estate. There were Letters of Administration proceedings contested between Po Lein and Ma Hnirs Hlaing with regard to the property which she left behind. Eventually by an order of the High Court, Letters of Administration were issued to Ma Hnin Hlaing. After orders had been passed the P.A.R.P. firm sued on three promissory notes alleged to have been executed by Daw Hnit, Ma Hnin Hlaing and Tun Pe. The latter was sued personally as an executant, and Ma Hnin Hlaing was sued personally and also as, administratrix of Daw Hnit.

2. Meantime Po Lein applied to this Court for leave to appeal to the Privy Council. At the same time he asked that a Receiver be appointed to defend Daw Haiti's estate against being wasted. The allegation was that he feared that Ma Hnin Hlaing was wasting the estate and not fighting the creditors of the estate properly. His application was filed on 6th December 1926 is the High Court. In the affidavit he specially refers to the suit filed by the P.A.R.P. firm, No. 38 of 1926 of the District. Court of Pegu, which was then pending and be alleged the firm was likely to get a decree by consent or ex parte.