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Muhammad Shis Vs. Mahabir Prasad and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in40Ind.Cas.445
AppellantMuhammad Shis
RespondentMahabir Prasad and ors.
Excerpt:
provincial insolvency act (iii of 1907), section 15 - application--omission to disclose dismissal of previous application, effect of. - 1. the order of the court; below is obviously wrong. the petition has been dismissed simply because the applicant did not therein disclose the fact that he had owe before applied to be declared an insolvent and that that application had been dismissed. this is not a sufficient reason within the meaning of section 15 of the act. the act of filing an application by a debtor; under the act is in itself an act of insolvency. we, therefore, allow the application, set aside the order of the court below, and direct that court to restore the petition to its original number on the file and to proceed to hear and determine it according to law. we make no order as to costs.
Judgment:

1. The order of the Court; below is obviously wrong. The petition has been dismissed simply because the applicant did not therein disclose the fact that he had owe before applied to be declared an insolvent and that that application had been dismissed. This is not a sufficient reason within the meaning of Section 15 of the Act. The act of filing an application by a debtor; under the Act is in itself an act of insolvency. We, therefore, allow the application, set aside the order of the Court below, and direct that Court to restore the petition to its original number on the file and to proceed to hear and determine it according to law. We make no order as to costs.


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