JUDGMENTBY: THOMSON CJ, RIGBY J, HEPWORTH J

THOMSON CJ The appellant in this appeal is the administratrix of the estate of one Gooi Kim Kwan who was killed in a motor accident near Sungei Siput on 21st March, 1956. The respondent is the administrator of the estate of one Loke Ta Poh who was killed in the same accident.

Gooi was a passenger in a motor-car which was being driven by Loke when it came into collision with a motor lorry and as a result of the collision both men were killed.

It was alleged by the appellant that the accident was entirely due to the negligence of Loke and she accordingly sued for damages under the provisions of the Civil Law Ordinance, 1956. By reason of section 8 of the Ordinance the proceedings were brought against the administrator of Lokes estate.

Letters of Administration to Lokes estate, although granted to the respondent on 4th November, 1956, were not extracted until 8th August, 1957, and the appellants plaint was not filed until 17th February, 1958. These proceedings were accordingly taken after the expiration of the period of six months prescribed by section 8(3)(b) of the Civil Law Ordinance which reads as follows:--

"No proceedings shal