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Rangasawmy Padayachi and anr. Vs. Narayanasawmy Padayachi by His Agent, Tiruvenkata Padayachi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.417
AppellantRangasawmy Padayachi and anr.
RespondentNarayanasawmy Padayachi by His Agent, Tiruvenkata Padayachi
Cases ReferredGriqualand. See Subbaraya v. Vythilinga
Excerpt:
insolvency, effect of - discharge of debt--vesting of property. - .....the first objection to the jurisdiction of the munsif that the cause of action arose out of british india need not be considered as the defendants resided within the jurisdiction at the date of suit. the second objection is that the insolvency operates as a discharge of the debt. no authority has been cited in support of that proposition. the 1st defendant was examined as a witness and he does not say in his deposition that an order of discharge was made. insolvency does not by itself operate as a discharge in all jurisdictions. even assuming that it does so under the french law--as to which see quelin v. moisson 1 knapp. 266 : 12 e.r. 320 and murugesa chetti v. annamalai chetti 23 ma. 458--it does not follow it is the law of griqualand. no statute or decision or text-book of.....
Judgment:

1. The suit was upon a promissory-note executed by the 1st defendant at Kimberley in Griqualand. He was adjudicated an insolvent by the High Court there before the institution of this suit at Mayavaram. The first objection to the jurisdiction of the Munsif that the cause of action arose out of British India need not be considered as the defendants resided within the jurisdiction at the date of suit. The second objection is that the insolvency operates as a discharge of the debt. No authority has been cited in support of that proposition. The 1st defendant was examined as a witness and he does not say in his deposition that an order of discharge was made. Insolvency does not by itself operate as a discharge in all jurisdictions. Even assuming that it does so under the French law--as to which see Quelin v. Moisson 1 Knapp. 266 : 12 E.R. 320 and Murugesa Chetti v. Annamalai Chetti 23 Ma. 458--it does not follow it is the law of Griqualand. No statute or decision or text-book of authority has been cited as to the law of Griqualand. We are not entitled to assume in the defendants' favour that insolvency has that effect in Griqualand. Nor are we satisfied that immovable property in British India vests in the trustee in Bankruptcy upon adjudication in Griqualand. See Subbaraya v. Vythilinga 16 M. 85, and 2 Halsbury's Laws of England, Section 450. We do not mean to decide either that if the immovable property here so vested without a conveyance that would be a sufficient reason, without a discharge to disentitle the plaintiff to sue in the Courts of British India. The appeal, therefore, fails. But we would modify the decrees of the Courts below by directing the 1st defendant to pay the amount sued for personally and the 2nd defendant out of the common family property.

2. The second appeal is otherwise dismissed with costs.


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