Slebert V. New Asia Trading Co., Ltd.

1962 Present: H. N. G. Fernando, J., and Sri Skanda Rajah, J.

SIEBERT, Appellant, and NEW ASIA TRADING CO., LTD. and
another, Respondents

S.C. 49 (Inty.) of 1961-D. C. Colombo, 49992/M

Action against minor-Attainment of majority soon after plaint is filed-Resulting position-Action not void ab initio-Meaning of " Order "- Civil Procedure Code, as. 5, 46, 48, 476, 479, 480, 493.

     Where, in an action instituted against a minor, the minor attains majority soon after the plaint is filed, it is not open to him to have himself discharged from the proceedings in terms of section 480 of the Civil Procedure Code. In such a case, the acceptance of the plaint is not an " order " within the meaning of section 480.

     An action against a minor simpliciter  is not void ab initio, and can be duly continued subject only to compliance with the requirement of section 479 of the Civil Procedure Code that a guardian should be appointed when the fact of minority is established.

APPEAL from an order of the District Court, Colombo.

                       S. Sharvananda, for Plaintiff-Appellant.
 
                     H. W. Jayewardene

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