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GUNAWARDENE v. JAYAWARDENE


Gunawardene V. Jayawardene

1938 Present: Maartensz and Moseley JJ.

GUNAWARDENE
v. JAYAWARDENE.

14-D. C. Matara, 3,890.

Administration-Application by creditor to add debt to inventory. No power in Court-Civil Procedure Code, s. 718.

Section 718 of the Civil Procedure Code does not confer on the District Court power to order a debt to be added to the list of liabilities or to the inventory of the intestate filed by the administrator.

APPEAL from an order of the District Judge of Matara.

H. V. Perera, K. C. (with him N. E. Weerasooria), for fifth respondent, appellant.

N. Nadarajah, for petitioner, respondent.

Cur adv. vult.

April 12, 1938. MAARTENSZ J. -

Carolis Henry Gunawardene (hereafter referred to as the administrator) applied for and was granted letters of administration to administer the estate of his father, D. C. Samarasinghe Gunawardene, deceased.

The other heirs of the deceased were the administrator's sisters, the first to the fifth respondents to the petition for letters of administration. The administrator in his petition and affidavit averred that the deceased left property within the jurisdiction of the Court of the nature and v























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