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Al. A. Algappa Chettiar Vs. Vellachami Servai - Court Judgment

LegalCrystal Citation
Subject Civil
CourtChennai
Decided On
Reported inAIR1928Mad981
AppellantAl. A. Algappa Chettiar
RespondentVellachami Servai
Cases Referred and Kumarappa Chettiar v. Murugappa Chettiar
Excerpt:
- .....insolvent's property. he appeals against an order admitting the proof of a creditor. he is not a person aggrieved by the order admitting proof. he may be very remotely affected by the decision in favour of the creditor. this case is governed by the principle that an aggrieved person must be one who is affected by the order appealed against as put by james, l. j., in ex parte sidebotham; in re sidebotham [1880] 14 ch. d. 458. the fact that the appellant was allowed by the lower court to cross-examine the witnesses of the creditor would not give him a locus standi in the proceedings so as to enable him to present an appeal against the order in favour of the creditor. the cases in alagappa chettiar v. nagaratna mudaliar : air1918mad497 and kumarappa chettiar v. murugappa chettiar [1916].....
Judgment:

1. The appellant is an alienee of the insolvent's property. He appeals against an order admitting the proof of a creditor. He is not a person aggrieved by the order admitting proof. He may be very remotely affected by the decision in favour of the creditor. This case is governed by the principle that an aggrieved person must be one who is affected by the order appealed against as put by James, L. J., in Ex parte Sidebotham; In re Sidebotham [1880] 14 Ch. D. 458. The fact that the appellant was allowed by the lower Court to cross-examine the witnesses of the creditor would not give him a locus standi in the proceedings so as to enable him to present an appeal against the order in favour of the creditor. The cases in Alagappa Chettiar v. Nagaratna Mudaliar : AIR1918Mad497 and Kumarappa Chettiar v. Murugappa Chettiar [1916] 36 I.C. 771 are distinguishable from the facts of the present case.

2. The appeal is dismissed with costs.


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