GUNASEKERA v. ABUBAKER.

GUNASEKERA v. ABUBAKER.

D. C, Galle, 6,267.

Curator-Civil Procedure Code, ss. 476 and 582-Action by minor.

An action by a minor is not well brought if brought in the name of the curator.

Before suing, the curator should obtain the authority of the Court to institute an action as the next friend of the minor and in the name of the minor.

THIS was an action for a declaration of title to certain shares of

certain lands bought by two plaintiffs, the first of whom was described in the title of the suit as " George Abeyewardena Gunasekera of Galupiyadde, curator of the estate of the minor George Dias Abeyesinghe of Colombo." The prayer was that the said George Dias Abeyesinghe be declared entitled to 47/72 parts, &c, and the second plaintiff to 25/72 parts, &c.

The issues raised on the pleadings and agreed to were: (1) Cars the first plaintiff maintain this action? and (2) Is the defendant in the wrongful and forcible possession of the house and soil claimed?

The District Judge (Mr. J. D. Mason) held that the first plaintiff could not proceed with the action.

The plaintiffs appealed. The case came on for argument on 28th April, 1902, and it wa

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