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Musammat Basra Begam Vs. Babu Sheo Narain - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in71Ind.Cas.979
AppellantMusammat Basra Begam
RespondentBabu Sheo Narain
Excerpt:
provincial insolvency act (v of 1920), section 4 - title, question of--decision by insolvency court, finality of. - - this objection was disallowed by the district judge who recorded a decision to the effect that the appellant had failed to establish his claim. i am of opinion that the appeal must fail, inasmuch as the suit instituted by the plaintiff is precluded by the provisions of section 4 of the new insolvency act, no......that the appellant had failed to establish his claim. thereupon the appellant brought a regular suit in the civil court for the establishment of his right to the property. this suit was decreed by the court of first instance but was dismissed by the lower appellate court, that court being of opinion that the matter was res judicata in consequence of the decision of the insolvency court to which i have referred above, the plaintiff has preferred this appeal. i am of opinion that the appeal must fail, inasmuch as the suit instituted by the plaintiff is precluded by the provisions of section 4 of the new insolvency act, no. v of 1920. that section makes the decision of the insolvency court conclusive in all matters. it is true that in the present instance the learned district judge, when.....
Judgment:

P.C. Banerji, J.

1. The Receiver of the estate of an insolvent having attached certain property as the property of the insolvent, the present appellant, preferred an objection claiming the property. This objection was disallowed by the District Judge who recorded a decision to the effect that the appellant had failed to establish his claim. Thereupon the appellant brought a regular suit in the Civil Court for the establishment of his right to the property. This suit was decreed by the Court of first instance but was dismissed by the lower Appellate Court, that Court being of opinion that the matter was res judicata in consequence of the decision of the Insolvency Court to which I have referred above, The plaintiff has preferred this appeal. I am of opinion that the appeal must fail, inasmuch as the suit instituted by the plaintiff is precluded by the provisions of Section 4 of the new Insolvency Act, No. V of 1920. That section makes the decision of the Insolvency Court conclusive in all matters. It is true that in the present instance the learned District Judge, when dismissing the plaintiff's objection, stated that he might establish His title in the Civil Court, but that statement in the judgment cannot give the plaintiff a right which he is precluded from enforcing by reason of the provisions of the Insolvency Act. In this view the suit was rightly dismissed, and I dismiss this appeal.


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