JUDGMENT Fletcher, J. - This is a suit brought by the Administrator-General of Bengal as administrator to the estate of one Girish Chandra Roy. The Defendant has taken the following preliminary objection to this suits, namely, that, when the Administrator-General commenced the suit, he was not the administrator to the estate of Girl a Chandra Roy and therefore the suit must fail. In my opinion, that objection is well-founded in law. It is very old law that an administrator derives his title from the grant and until the grant is made he has no title to the estate of the deceased. But apart from that, the objection is also well-founded having regard to the terms of sec. 50, C. P. C., which among other things enacts as follows :-- "When the Plaintiff sues in a representative character, the plaint should show not only that he has an actual existing interest in the subject-matter but that he has taken the steps necessary to enable him to institute a suit concerning it." 2. Here, had the Plaintiff taken the steps necessary to enable him to institute this suit ?--I think he had not. He had not obtained a grant of letters of administration to the estate of the deceased. 3. Moreover, the illustration to that section is absolutely conclusive on the matter. Illustration (b) to sec. 50 of the CPC states as follows:-- "A sues as C's administrator. The plaint must state that A has taken out administration to C's estate." 4. The plaint in the present case states that the Plaintiff had applied for but not taken out letters of administration to the estate of the deceased. I hold, therefore, that at the time of filing the plaint, the Plaintiff had no title to sue, The suit accordingly fails and must be dismissed with costs on scale No. 2.