JUDGMENT
Hamid Sultan Abu Backer JCA:
[1] The appellant (judgment debtor) appeals against the decision of the High Court which did not allow the appellant's appeal against the decision of the Senior Assistant Registrar (SAR) who refused to set aside the Bankruptcy Notice on the ground that when the Bankruptcy Notice was issued by the respondent as administrators of the deceased estate, the Letters of Administration was not extracted.
[2] The strict rule is that the Letters of Administration must be issued by the High Court to the administrator and/or administratrix before any action can be taken for the benefit of the estate. [See Janab's Key To Civil Procedure, 5th edn pp 143 and 144]. Some limited exceptions are found in O 15 r 6A of RC 2012. In Ang Hoi Yin v. Sim Sie Hau [1968] 1 MLRH 386; [1969] 2 MLJ 3, the plaintiff's administratrix brought an action against the defendant without having extracted the letters of administration even though it had been granted by the Court. The defendant entered a conditional appearance and applied to the Court to set aside the writ on the ground that the plaintiff had not acquired the locus standi yet. The Court held that since the plaint
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.