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

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in43Ind.Cas.672
AppellantGobind Das and ors.
RespondentKaran Singh and ors.
Excerpt:
provincial insolvency act (iii of 1907), section 16 - attachment--adjudication of judgment-debtor, effect of. - 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 of 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:

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 of 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.


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