BILINDA v. UKKU

Re Intestate Estate of  KIRIYA.

 BILINDA v. UKKU.

 D. C., Kandy, 2,024 (Testamentary).

Administration-Civil Procedure Code, ss. 727, 740-Irregularity of procedure-Estoppel.

    Where a child of a deceased intestate applied under section 726 of the Civil Procedure Code for a judicial settlement of the account of the administratrix, and, the administratrix failing to show cause against the citation issued by the Court in terms of section 727, the Court directed her on 9th March, 1900, to account on or before 6th April, 1900, on the footing that the applicant was an heir of the deceased to the extent of an undivided one-third of his estate; and where, her account being tendered, the Court ordered on 11th May, 1900, that the allegations of the parties for and against such account be heard on the 21st August, and after some delays and postponements certain issues were agreed to as regards the inventory of property and final account, and the administratrix suggested a further issue regarding the estate of the interest of the applicant in the acquired property of the intestate; and where it was contended that the minor's status as an heir to one-third of the estate had been determined by the order of Court dated 11th May, 1900,-

    Held, that such order was not res judicata between the parties, and that the time for deciding upon the validity of the applicant's claim was open till 'the stage for distributing the estate comes.

    D. C., Kurunegala, 576, 3 N. L. R. 173, explained.

    Held also that, as the account filed showed that there was a surplus distributable to creditors or persons interested in the estate, it was the duty of the Court to issue a supplemental citation under section 727 requiring them to attend the accounting. Such a course would enable the Court, after ascertaining what was due from the administratrix to the estate, to further proceed to administer the estate in manner provided by section 740.

    LETTERS of administration having issued to one Ukku in this case, Bilinda, an illegitimate child of the intestate, petitioned the District Court by her next friend Opalangu on the 6th September 1899, and prayed that the said Opalangu be appointed her next friend for the purpose of taking steps towards ascertaining her rights to the said estate. The application was allowed.

    On the 18th October, 1899, Bilinda, by her next friend Opalangu, petitioned the Court to compel the administratrix to make a judicial settlement of the estate under chapter 45 of the Civil Procedure Code. A citation was ordered to issue on the administratrix.

    On the 11th December, 1899, the administratrix having filed her final account, it was referred to the secretary for audit. After several postponements had been applied for and granted on behalf of the administratrix for explanations and vouchers, the Court found on the 9th March, 1900, that she failed to show cause against the citation. Thereupon an order was made " directing her to account on or before the 6th April, 1900, on the footing that the petitioner is the heir of the deceased in respect of an undivided one-third share of the deceased's estate, and to attend Court from time to time for that purpose."

    On the 6th April the administratrix was present and tendered some vouchers, and was given time till 11th May, 1900, to file an account.

    On the 11th May, 1900, she tendered an account, and the Court fixed the 21st August, 1900, " to hear the allegations and proof of parties respecting the account. "

    After two postponements the case was taken up on the 30th November, 1900, when the petitioner Bilinda submitted an affidavit objecting to certain items of the final account, and tendered a list of property which was alleged to have been omitted from the inventory by the administratrix.

    On the 11th December, 1900, certain issues were agreed to as to the inventory and the final account, and as

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