JUDGMENT

Ahmad Shahrir Mohd Salleh J:

Introduction

[1] In this judgment, the parties are referred to as they were before the trial court. The present appeal arises from the decision of the Sessions court. The Sessions court allowed the plaintiff's claim against the defendant for the sum RM114,500.00.

[2] The central issue in this appeal concerned whether the plaintiff possessed the requisite locus standi to initiate the action in the Sessions court. This question arose because the plaintiff had filed the action prior to extracting the Grant of Letters of Administration. After thoroughly considering the submissions of both parties and examining the authorities cited, I allowed the appeal.

Brief Matrix Of Facts

[3] Pritam Kaur a/p Sadu Singh ("Deceased") passed away intestate on 2 July 2000. At the time of her demise, she was survived by four beneficiaries. These beneficiaries were Sarjeet Singh a/l Dershan Singh, Kalwant Singh Gill a/l Dershan Singh, the defendant himself and Manmant Singh a/l Dershan Singh.

[4] On 17 October 2000, the High court granted Letters of Administration in respect of the Deceased's estate. The grant appointed Sarjeet Singh a/l Dershan Singh and the defendant as j