Nagalingam Et Al. V. Sathasivam

1943 Present: Keuneman J.

NAGALINGAM, et al, Appellant, and SATHASIVAM, Respondent.

 210-C. R. Chavakachcheri, 32,295.

Administrator-Action on promissory note by 'creditor of deceased-Right to sue before letters.

A creditor of a deceased person is not entitled to sue the administrator of his estate unless the administrator has taken out letters or intermeddled with the estate.

APPEAL from a judgment of the Commissioner of Requests, Chavakachcheri.

N. Nadarajah, K.C. (with him H. W. Thambiah), for plaintiff, appellant.

L. A. Rajapakse (with him C. T. Olegasegaram), for defendant, respondent.

Cur. adv. vult.

March 18, 1943. KEUNEMAN J.-

In this case the plaintiff sued the defendant, who is described in the caption to the plaint " as administrator of the estate of 'the late K. Kasipillai". The plaint was filed on the March 7, 1942, in respect of a

promissory note executed by the deceased on March 9, 1936. The defendant filed answer on May 7, 1942, stating, inter alia, that he could not be sued as administrator. In fact, letters of administration were not obtained by the defendant until May 12, 1942. At the trial among the i

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