The Ceylon Law Reports : Being Reports of Cases Decided By the Supreme Court of Ceylon

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8.
possible for him to do. But in my opinion the plaintiff was in no way called on to accept the de- fendant's statement, that he was a minor, as a fact, and that if it were necessary that the defendant should appear by curator, that was a matter for the plaintiff, and not the defendant, to complain of ; and that the plaintiff had the right to go on with his suit upon his answer to the defendant's plea of minority.
The non-suit is therefore set aside.
Clarence, J.— This non-suit is wrong. The p
...lain- tiffs aver title to a piece of land, and charge the defendants with ousting them therefrom. The defendants all join in one answer, in which they treat the plaintiff's, who are nine in number, as one person, husband of a certain woman, and aver that that person is entitled to i/8 only of the land. They further claim shares for themselves, and the 6th defendant avers himself to be a minor. The plain- tiffs filed an application, in which they admitted the 6th defendant to be a minor ; and so we may assume the 6th defendant to be so.

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