Chittambaram Chettiar V. Fernando Et Al.,

1947 Present: Soertsz S.P.J. and Jayetileke J.
 
CHITTAMBARAM CHETTIAR, Appellant, and FERNANDO et. al, Respondents.
 
S. C. 237-D. C. Colombo, 6,225.

    Civil Procedure Code, ss. 402, 404-Abatement of action-Action by administrator -Letters recalled-Fresh appointment of administrator-No steps taken-Right of previous administrator to continue action.
 
One P, the administrator of the estate of a Chettiar, filed this action for the recovery of a sum of money due on a Note. After the action was fixed for trial letters of administration issued to P were recalled and fresh letters issued to S. This case was taken off the trial roll for substitution of the new administrator. P took no further interest in the action and S took no steps to got himself substituted. The judge made order abating the action. Thereafter the appellant, one of the heirs of the deceased Chettiar, moved in the testamentary case to have letters issued to S recalled and to have himself appointed administrator, and his application was allowed. Ho then moved to have the order of abatement set aside. His application was disallowed on the ground of delay.

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