Skip to content


Gobind Das and anr. Vs. Karan Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Judge
Reported inAIR1918All402; (1918)ILR40All197
AppellantGobind Das and anr.
RespondentKaran Singh and ors.
Excerpt:
act no. iii of 1907 (provincial insolvency act), section 23 - insolvency--attachm n of applicant's property prior to adjudication--effect pf adjudication on the attachment. - henry richards, c.j. and pramada charan banerji, j.1. a preliminary objection is taken to the hearing of this appeal that the appellants have no locus standi. the dispute is about the property in certain buffaloes. the appellants alleged that these buffaloes belonged to the insolvent. it appears that the appellants were decree-holders and had attached the buffaloes just before the adjudication in insolvency. upon the adjudication in insolvency the attachment ceased to have any effect. all the property of the insolvent vested in the receiver. in this particular case there was no actual receiver appointed, but the court itself in such cases is the receiver (see section 23). in our opinion the preliminary objection has force and must prevail. we dismiss the appeal with costs.
Judgment:

Henry Richards, C.J. and Pramada Charan Banerji, J.

1. A preliminary objection is taken to the hearing of this appeal that the appellants have no locus standi. The dispute is about the property in certain buffaloes. The appellants alleged that these buffaloes belonged to the insolvent. It appears that the appellants were decree-holders and had attached the buffaloes just before the adjudication in insolvency. Upon the adjudication in insolvency the attachment ceased to have any effect. All the property of the insolvent vested in the receiver. In this particular case there was no actual receiver appointed, but the court itself in such cases is the receiver (See Section 23). In our opinion the preliminary objection has force and must prevail. We dismiss the appeal with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //