Skip to content


K. Hajee Abdul Lateef Sahib and anr. Vs. the Official Assignee of Madras - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in44Ind.Cas.847
AppellantK. Hajee Abdul Lateef Sahib and anr.
RespondentThe Official Assignee of Madras
Excerpt:
presidency towns insolvency act (iii of 1909), section 7, order under - suit to set abide order, maintainability of--appeal. - 1. the appellants made an application in the insolvency of a.s. mahomad oosman sahib and co. and asked for a declaration that certain goods, which had been seized by the official assignee after adjudication, were their property- and not the property of the insolvents. this application was dismissed on the merits. the appellant then brought a suit against the official assignee for the declaration which he had asked for in his application in the insolvency. no authority has been cited in support of the contention that such a suit will lie. in our opinion it will not.2. we see no reason for interfering with wallis, j.'s order refusing leave to amend the plaint.3. the appeal is dismissed with taxed costs.
Judgment:

1. The appellants made an application in the insolvency of A.S. Mahomad Oosman Sahib and Co. and asked for a declaration that certain goods, which had been seized by the Official Assignee after adjudication, were their property- and not the property of the insolvents. This application was dismissed on the merits. The appellant then brought a suit against the Official Assignee for the declaration which he had asked for in his application in the insolvency. No authority has been cited in support of the contention that such a suit will lie. In our opinion it will not.

2. We see no reason for interfering with Wallis, J.'s order refusing leave to amend the plaint.

3. The appeal is dismissed with taxed costs.


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