Hishamudin Mohd Yunus J:

[1] This originating summons is an application by the plaintiff to be included as one of the administrators of the estate of one Neoh Eng Hong ('the deceased') and also as one of the beneficiaries of the said estate.

[2] I have striked out the originating summons with costs but with liberty given to the plaintiff to proceed afresh by way of a writ action.

[3] I shall now give my grounds.

[4] I shall begin by alluding briefly to the background facts of the case. The first Defendant, Ong Leng Choo is the wife of the deceased (Neoh Eng Hong). She married the deceased on 11 November 1948 in accordance with Chinese customary marriage. The marriage was later registered on 24 March 1976 under the Civil Marriage Ordinance, 1952. She and the deceased had four children, namely, Neoh Hoe Suan, Neoh Hoe Shin (the 2nd Defendant), Neoh King Hun and Neoh Sun Meng.

[5] In the present case, it is alleged by the plaintiff that, during the subsistence of the marriage of 1st Defendant with the deceased, the latter had married her late mother, Wong Ah Kim. The alleged marriage took place in the early part of the year 1960 under Chinese customary marriage. By this marriage,