K.K. Thankappan And Ors., Etc. vs K.S. Jayan And Ors. Etc. on 26 November, 2002
But, it is reasonable to infer that a creditor is one of the persons who is entitled to get a decree for administration. The next of kin of deceased person is also entitled to file a suit for administration, provided a man died intestate. In such a suit, it may be necessary to take into account the estate of the deceased, A reading of the provisions contained in order XX Rule 13 also shows that a decree for administration is a discretionary relief and no one is entitled to get such a relief as of right. A division Bench of the Karnataka High Court in the decision reported in Gowramma v. Venkataswamy AIR 1960 Mysore 53 held that a creditor can sue for administration and no person is entitled to get a relief as of right.