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1963 Supreme(Guj) 39

V.B.RAJU
SHAH HIRALAL HIMATLAL – Appellant
Versus
M. G. PATHAK – Respondent


Advocates Appeared: J.N.NANAVATI, N.R.OZA

V. B. RAJU, J.

( 1 ) THIS revision application arises out of insolvency proceedings. After a firm of Gordhandas Bapubhai was declared insolvent The receivers gave an application stating that a sale deed executed by the insolvent firm in favour of two persons who are opponents Nos. 1 and 2 in those proceedings was nominal and fraudulent The receivers also contended that opponents Nos. 1 and 2 paid the money to the insolvent firm for being paid to the partners of the firm who are opponents Nos. 3 to 6 in those proceedings. It was the case of the receivers that opponents Nos. 3 to 6 in those proceedings were partners of the insolvent firm.

( 2 ) AFTER the receivers completed the evidence the learned Judge passed an order stating that opponents Nos. 3 to 6 should lead their evidence first before opponents Nos. 1 and 2 were asked to lead their evidence. It is this order that is challenged in revision. It is contended in revision that opponents Nos. 1 and 2 should lead their evidence first before opponents Nos. 3 to 6 are asked to lead their evidence.

( 3 ) ON the question of right to begin and the question of leading evidence we have provisions in Order 18 Rule 1 C. P. Code which reads a







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Judicial Analysis

Sarabjit Singh VS Gurinder Singh Sandhu - 2010 0 Supreme(Del) 1233: This case explicitly states that the judgment in Shah Hiralal Himatlal's case "has been followed by Andhra Pradesh High Court in Hymavathi's ...". This indicates positive treatment as it has been followed by another court.

Shanker VS Lali - 1982 0 Supreme(Raj) 405: No explicit treatment keywords, but it describes a procedural rule from the Shah Hiralal case in a manner that presents it as authoritative guidance ("Defendants supporting the plaintiff's case should lead their evidence..."), suggesting approval or reliance.

JHUMPA BEWA VS SAHADEB ROUT - 1986 0 Supreme(Ori) 64: Refers to the Shah Hiralal case positively as illustrating an exception ("The exception has been best illustrated by a decision reported in AIR 1964 Guj 26"), indicating approving citation.

REETA BARWAL VS STATE OF H. P. - 2000 0 Supreme(HP) 190: Cites the case as one where "such a question came up for consideration" before a learned single Judge, presenting it neutrally but as relevant precedent without criticism.

Ida Berta dos Remedios Cunha e Gomes VS Victor Luis Monteiro - 2013 0 Supreme(Bom) 2500: Refers to it as the "basic judgment" and cites it alongside others ("reported in AIR 1964 Guj 26"), indicating it is relied upon as foundational.

Sukhdev VS Avinash Mohindru - 2021 0 Supreme(P&H) 563: States it is "useful to refer to the observations" and quotes the case approvingly ("It is useful to refer to the observations of the Gujarat High Court in Shah Hiralal Himatlal v. M.G. ... Pathak, AIR 1964 Guj 26"), showing positive treatment.

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