Bostock-Hill J:

In this application the Plaintiff is seeking in an Originating Summons to obtain an order for the transfer to himself of certain Omnibus Company shares standing in the name of one Foong Onn Kwan (now deceased). The Plaintiff alleges that these shares were bought by him and were held in trust for him by the said Foong Onn Kwan.

The Defendant is one Chan Sau Choon (f) and, although her name appears in the Originating Summons as Defendant, no other mention of her is made in the Affidavits filed by the Plaintiff. She was, however, served, and she has filed an affidavit in reply and in that affidavit she states that she is the widow of the said Foong Onn Kwan deceased and that the Grant of Administration of the estate of the said Foong Onn Kwan has not yet been issued to her. In the course of argument by Counsel it appeared that she has applied for such grant.

The heading of the Originating Summons is as follows:

In the matter of certain shares in Lintang Jalong Omnibus Company Ltd. and in Reliance Omnibus Company Ltd. standing in the name of Foong Onn Kwan and

In the matter of s. 467 (i) of the Civil Procedure Code.

Mr. MacDuff for the Plaintiff stated tha