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Madhu Sudan Pal and anr. Vs. Parbati Sundari Dassya and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1915Cal477(1),29Ind.Cas.406
AppellantMadhu Sudan Pal and anr.
RespondentParbati Sundari Dassya and ors.
Excerpt:
insolvent debtor's act (11 and 12 vict. c. 21), section 46, scope of - leave to appeal--concurrent jurisdiction of high court with district judge--district judge refusing leave to appeal--high court, power of, to grant leave to appeal. - woodroffe, j.1. the matter in respect of which an order for leave to appeal is sought, is a question whether the property described in the application should be re-sold. there is no appeal on the question whether the court was right in refusing to set aside the order passed for default of the 10th june, except so far as the effect of that order was to affirm the order for sale. to make this matter clear, i desire to record the fact that the applicant states that he is prepared to argue this appeal on the materials now on the record without further evidence, oral or documentary.2. the order of the 4th may was, in my opinion, an order under the insolvency act and though the judge has refused leave to appeal under section 46, there is a concurrent jurisdiction in us to grant leave to appeal.....
Judgment:

Woodroffe, J.

1. The matter in respect of which an order for leave to appeal is sought, is a question whether the property described in the application should be re-sold. There is no appeal on the question whether the Court was right in refusing to set aside the order passed for default of the 10th June, except so far as the effect of that order was to affirm the order for sale. To make this matter clear, I desire to record the fact that the applicant states that he is prepared to argue this appeal on the materials now on the record without further evidence, oral or documentary.

2. The order of the 4th May was, in my opinion, an order under the Insolvency Act and though the Judge has refused leave to appeal under Section 46, there is a concurrent jurisdiction in us to grant leave to appeal and I would accordingly do so. The appeal is admitted and there is no necessity to make a further application under Order XLI.

3. The Rule, therefore, is made absolute and the costs will be dealt with upon the hearing of the appeal.

Coxe, J.

4. I agree.


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