Skip to content


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

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in112Ind.Cas.623
AppellantAl. A. Alagappa Chettiar
RespondentVellachami Servai
Cases ReferredKumarappa Chettiar v. Murugappa Chettiar
Excerpt:
provincial insolvency act (v of 1920), section 75 - alienee of insolvents property, whether aggrieved by order admitting proof of creditor--appeal, right 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 ha 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 sidebottom (1880) 14 ch. d. 458 : 49 l.j. bk. 41 : 2 l.t. 783 : 28 w.r. 15. the fact that the appellant was allowed by the lower court to mom-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 are kumarappa.....
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 Ha 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 Sidebottom (1880) 14 Ch. D. 458 : 49 L.J. Bk. 41 : 2 L.T. 783 : 28 W.R. 15. The fact that the appellant was allowed by the lower Court to mom-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 are Kumarappa Chettiar v. Murugappa Chettiar 36 Ind. Cas. 771 are dial tinguishable from the facts of the present case. The appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //