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1953 Supreme(Ker) 102

VITHAYATHIL
Ollur Bank Ltd. – Appellant
Versus
Little Flower Bank Ltd. – Respondent


Judgment :-

1. The counter-petitioner in the court below, the Ollur Bank Ltd., Ollur, is the petitioner in both these revision petitions. The plaintiff, the Little Flower Bank Ltd., Ollur, is a creditor of one Antony who is dead. The suit was instituted on behalf of the creditors of Antony for administering his estate. After the death of Antony his heirs alienated some of his properties in favour of the Ollur Bank Ltd., for amounts due to that Bank. Those properties were not included in the plaint schedule. Neither was the Ollur Bank made a defendant. After preliminary decree was passed in the case the plaintiff moved the court below, by C.M.P. Nos. 1126 and 1127 of 1951 for impleading the Ollur Bank as an additional party to the suit and for including the properties alienated in favour of that Bank among the assets of Antony. It was alleged that the alienation was a fraudulent preference and that it was therefore invalid. The Ollur Bank opposed these petitions. The main objection was that the alienation in favour of the Bank could not be impeached in a suit brought for administering the estate of the deceased and that the remedy, if any, of a creditor of the deceased was to instit









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