Thomson CJ:

[1] The appellant in this appeal is the administratrix of the estate of one Gooi Kim Kwan who was killed in a motor accident near Sungei Siput on 21 March 1956. The respondent is the administrator of the estate of one Loke Ta Poh who was killed in the same accident.

[2] Gooi was a passenger in a motor-car which was being driven by Loke when it came into collision with a motor lorry and as a result of the collision both men were killed.

[3] It was alleged by the appellant that the accident was entirely due to the negligence of Loke and she accordingly sued for damages under the provisions of the Civil Law Ordinance, 1956. By reason of s 8 of the Ordinance the proceedings were brought against the administrator of Loke's estate.

[4] Letters of Administration to Loke's estate, although granted to the respondent on 4 November 1956, were not extracted until 8 August 1957, and the appellant's plaint was not filed until 17 February 1958. These proceedings were accordingly taken after the expiration of the period of six months prescribed by s 8(3)(b) of the Civil Law Ordinance which reads as follows:

"No proceedings shall be maintainable in respect of a cause of action in tor