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1963 Supreme(AP) 4

VENKATESAM
Mutha Subbarao – Appellant
Versus
Official Receiver, West Godawari at Eluru – Respondent


VENKATASWAMI, J.

( 1 ) THIS batch of Civil Miscellaneous Second Appeals arises out of the order of the learned District Judge, Eluru, in C. M. As. 20 of 1958 and A. S. Nos. 85 to 90 of 1958, which were disposed of by a common judgment. C. M. S. A. 128 of 1958 is against C. M. A. No. 20 of 58, which was itself an appeal against the order in I. A. No. 479 of 1957. That application was filed by the Official Receiver, Eluru, under Sections 4 and 5 of the Provincial Insolvency Act (hereinafter referred as "the Act), and Sec. 151 of the Civil Procedure Code, on behalf of the general body of creditors. Respondents 1 and 2 therein are the sons of one of the insolvents, Satyanarayana, and the third respondent is the son of another insolvent, Shesha Rao, both of whom were adjudicated insolvents on their own application in I. P. No. 20 of 53 on the file of the Sub Court, Eluru. Respondents 4 to 8 are the creditors of the two insolvents, who filed suits both against the insolvents and their sons (respondents 1 to 3), and obtained decrees. The 4th respondent obtained two decrees, one in O. S. 35 of 53, on the file of Sub Court, Eluru another in O. S. 307 of 57 on the file of the District Munsif












































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