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Premchand Indoji Vs. Soleti Gopalappa - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1924Mad398; 75Ind.Cas.376; (1923)45MLJ689
AppellantPremchand Indoji
RespondentSoleti Gopalappa
Excerpt:
- .....while excusing the delay on account of the petitioner having through incorrect advise mistaken his remedy, we direct that each party bear his own costs in this.....
Judgment:

1. Under Section 3 of the Provincial Insolvency Act, the District Court is the only Court having jurisdiction to deal with creditor's petitions, in the absence of any notification of the Local Government investing Subordinate Courts with jurisdiction over this class of cases. The District Judge's order transferring the petition to the Sub Court for disposal was therefore ultra vires. We set it aside together with the Sub-judge's order and direct the District Judge to take the case on his file and dispose of it according to law.

2. As the objection to jurisdiction was not pressed till the want of jurisdiction was noticed by this Bench and as this petition was put in 2 3/4 years after the date of the order, while excusing the delay on account of the petitioner having through incorrect advise mistaken his remedy, we direct that each party bear his own costs in this petition.


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