Present: Lascelles C.J. and Pereira J.

BEENI v. BALASURIYA.

236-D. C. Trincomalee, 475.

Minor-Appointment of next friend for claim inquiry-Claim by minor dismissed-Action by next friend under x. 247, Civil Procedure Code, without getting himself re-appointed.

A duly appointed next friend preferred a claim on behalf of a minor. The claim was dismissed. He thereupon filed an action under section 247 without getting himself re-appointed next friend for the purpose of this action. The defendant, without moving to have the plaint taken off the file under section 478 on the ground that the next friend was not duly appointed, took the objection in his answer.

Held, per Lascelles C.J., that the appointment of the next friend for the purposes of the claim inquiry was sufficient to enable the next friend to bring the action under section 247 of the Civil Procedure Code, when the claim was dismissed.

Held, per Pereira J., that the defendant should have moved to have the plaint taken off the file under section 478, and that it was not open to him to raise the objection as to the status of the next friend in the answer.

Obiter.-The appointment of nex