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K.P.S. Karuthan Chettiar Vs. B.M.M. Raman Chetty - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1924Mad185; 80Ind.Cas.376
AppellantK.P.S. Karuthan Chettiar
RespondentB.M.M. Raman Chetty
Excerpt:
provincial insolvency act (v of 1920), section 78 - limitation act (ix of 1908), section 5--applicability of section 78 to insolvency proceedings initiated before the new act of 1920. - order1. the application has been made nearly 3 years after the order sought to be appealed against was passed.2. it is contended that section 5 of the indian limitation act cannot he applied, because section 78 of act v of 1920 conferred a new right after the inception of these insolvency proceedings. we consider that this section did not create for the first time or take away any substantive right, but that it merely regulated the procedure applicable to appeals and applications under the provincial insolvency act.3. we have, therefore, power to excuse delay, and the fact that leave to appeal was not necessary under the old act (iii of 1907) is a sufficient reason for doing so.4. leave to appeal is granted under section 75(3) of act v of 1920.
Judgment:
ORDER

1. The application has been made nearly 3 years after the order sought to be appealed against was passed.

2. It is contended that Section 5 of the Indian Limitation Act cannot he applied, because Section 78 of Act V of 1920 conferred a new right after the inception of these insolvency proceedings. We consider that this section did not create for the first time or take away any substantive right, but that it merely regulated the procedure applicable to appeals and applications under the Provincial Insolvency Act.

3. We have, therefore, power to excuse delay, and the fact that leave to appeal was not necessary under the old Act (III of 1907) is a sufficient reason for doing so.

4. Leave to appeal is granted under Section 75(3) of Act V of 1920.


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