Wickremaratna V. Josephine Silva

1959 Present : Basnayake, C J., and Pulle, J.

WICKREMARATNA, Appellant, and JOSEPHINE SILVA,
Respondent

S. C. 108158-D. G. Avissawella, 8622

Minors-Action instituted by minor without next friend-Not void ab initio-Scope of defendant's right to have action dismissed-Civil Procedure Code, ss. 476, 478.

Where a defendant makes an application under section 478 of the Civil Procedure Code to have the plaint taken off the file on the ground that the action was instituted by a minor without a next friend, the Court is entitled to refuse the application if it is shown that the plaintiff came of age after the date of the institution of the action and prior to the date of the defendant's application.

APPEAL from an order of the District Court, Avissawella.

H. W. Jayewardene, Q.C., with S. B. Lekamge and N. R. M. Daluwatte, for defendant-appellant.

No appearance for plaintiff-respondent.

Cur. ad. vult.

December 10, 1959. BASNAYAKE, C.J.-

This is an appeal from the order of the District Judge refusing to allow an application by the defendant under section 478 of the Civil Procedure Code to have the plaint taken off the file.

The pl

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