Thornton Et Al. V. Velaithan Chetty

1938 Present: Maartensz and Moseley JJ.

THORNTON et al. v. VELAITHAN CHETTY.

79-D. C. Galle, 24,593.

Administrator-Right to continue action brought by predecessor in office-Legal representative summoned to defend action-Objection to be urged in first instance-Right of administrator to vindicate title to land-Civil Procedure Code, s. 404.

Under section 404 of the Civil Procedure Code a succeeding administrator may continue an action brought by his predecessor in office.

Where a person is summoned to defend an action as legal representative an objection that he is not the legal representative must be raised and determined in the first instance.

An administrator is entitled to bring an action to vindicate title to-immovable property belonging to the estate without joining the heirs unless the Court so directs.

APPEAL from an order of the District Judge of Galle declaring the substituted plaintiffs as administrators entitled to the premises of the intestate in place of the plaintiffs, whose letters had been recalled.

H. V. Perera, K. C. (with him E. B. Wikramanayake), for first substituted defendant, appellant. -An a

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