Judgement

Appeal (No. 30 of 1931) from an order of the High Court in its appellate jurisdiction (June 23, 1930) reversing a decree of Cunliffe J. and remanding a suit for trial.

The respondent firm instituted a suit in the High Court claiming damages from the appellant, since deceased, and the second respondent. Shortly after the hearing commenced the firm was adjudicated insolvent upon their own petition, and thereupon the official assignee was joined as a plaintiff. As the official assignee declined to proceed with the suit in the absence of security Cunliffe J. made a decree dismissing it. Upon an appeal by the firm Page C.J. and Das J. held that the cause of action was personal and did not vest in the assignee ; accordingly they set aside the decree and remanded the suit for trial. The appeal is reported at I. L. R. 8 Ran. 441.

The order of the Court, so far as material, was in the following terms " It is ordered and decreed that the decree of this Court on the original side be and the same is hereby set aside and that the suit be remanded to this Court on the original side for trial on the merits.....And it is further ordered that a copy of this decree be sent to the Collector