1929.   Present : Fisher C.J. and Drieberg J.

MEIS SINGHO v. JOSIE PERERA et al

116-D. C. (Inty.) Kurunegala, 3,247.

Compromise-Agreement filed in Court but not notified in presence of parties-Binding character-Civil Procedure Code, s. 408.

Where an agreement, entered into between parties to testamentary proceedings, was filed of record but was not notified to Court in the presence of the parties as required by section 408 of the Civil Procedure Code,-

Held, that the Court was not bound to enter decree in accordance with the terms of the agreement.

Such an agreement would not be bad because it wag not notarially executed.
APPEAL from an order of the District Judge of Kurunegala.

H. V. Perera, for petitioner, appellant.

N. E. Weerasooria, for respondents.

September 16, 1929. DRIEBERG J.-

Simon Appuhamy died intestate on August 6, 1926, leaving as his heirs his widow, Egi Nona, his brother, the appellant, and three sisters. The appellant applied for letters of administration on May 26, 1927, and on June 29 the widow and sisters agreed to the appointment of the appellant as administrator. In his inventory filed with his applic