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Khadim HusaIn Vs. Bishan Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in14Ind.Cas.224
AppellantKhadim Husain
RespondentBishan Singh
Excerpt:
insolvency - application to be declared insolvent--application rejected at premature stage--irregularity. - .....order, and it is contended by his learned vakil that at this stage of the application the learned judge was wrong in throwing it out and in support of this contention he relies upon girwardhari v. jai narain 32 a. 645 : 7 ind. cas. 39 : 7 a.l.j. 835 which was quoted with approval in samiruddin v. srimati kadar moyee dassi 15 c.w.n. 244 : 7 ind. cas. 691 : 12 c.l.j. 445. in view of the above rulings, the decision of the court below cannot stand. we, therefore, set aside the order of the court below and declare khadim husain insolvent, and send back the case to it to proceed according to law.
Judgment:

1. This was an application by a judgment-debtor to be declared insolvent. The Court rejected the application on the ground that the evidence adduced by the other side proved that the judgment-debtor had sufficient means to meet his liabilities. An appeal is preferred from that order, and it is contended by his learned Vakil that at this stage of the application the learned Judge was wrong in throwing it out and in support of this contention he relies upon Girwardhari v. Jai Narain 32 A. 645 : 7 Ind. Cas. 39 : 7 A.L.J. 835 which was quoted with approval in Samiruddin v. Srimati Kadar Moyee Dassi 15 C.W.N. 244 : 7 Ind. Cas. 691 : 12 C.L.J. 445. In view of the above rulings, the decision of the Court below cannot stand. We, therefore, set aside the order of the Court below and declare Khadim Husain insolvent, and send back the case to it to proceed according to law.


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