Perera vs Fernando – clr volume 3 page 003

In the case between the creditor (plaintiff) and the administrator of C. Mathew’s estate (defendant), the court addressed the issue of whether a creditor may initiate an action against an administrator immediately following the grant of letters of administration, or must await expiration of a one-year period customarily referred to as the “administrator’s year.” The court held that creditors possess the immediate right to pursue claims upon the issuance of letters of administration, without a mandatory waiting period, reaffirming the principle that no statutory or common law shield delays the administrator’s liability to creditors. This decision relied on a strict interpretation of the Civil Procedure Code, emphasizing the immediate enforceability of debts upon the appointment of an admini