GUNARATNE v. HAMINE.

 D. C., Kurunegala, 1,828.

Administration-Civil Procedure Code, s. 547.

    Whenever it appears in the course of a case that administration is necessary, it becomes the duty of the Court to see that the provisions of section 547 of the Civil Procedure Code are complied with, before the litigation proceeds any further.

    That section is a statutory bar to the maintenance of an action for the recovery of any property belonging to the estate of any person dying testate or intestate which amounts to or exceeds in value the sum of Rs. 1,000, unless grant of probate or letters of administration have been issued to some person as executor or administrator of such testator or intestate, and cannot be got over by the implied or express agreement of the parties to the action that, as the title to be deduced from the deceased is not contested, his estate need not be administered.

    IN this action for declaration of title to certain fields and lands it was alleged by the plaintiff that one Dingiri Banda, the second defendant, being the owner thereof, sold them to the plaintiff; that the plaintiff instituted case No. 1,55