The Court made the following

Order:-

This Civil Miscellaneous Appeal arises out of certain proceedings initiated by the respondent (petitioning creditor) in I.P. No. 4 of 1958 for a declaration that certain properties formed part of the estate of the insolvent, and that the Official Receiver should be directed to take possession of the same. The petitioning creditor’s case was that the insolvent had put certain properties fictitiously in the names of his wife, and mother, the appellants herein, that they were not genuine transactions, and that the properties put in their names still continued to form part of the insolvent’s estate. The appellants resisted the same, claiming title in themselves.

The learned Subordinate Judge, Nagercoil, dismissed the application but on appeal, the learned District Judge modified the order of the trial Court, and upheld the claim of the petitioning creditor in respect of a portion of properties The appellants aggrieved by that portion of the learned District Judges’s order have preferred the present appeal.

Learned Counsel for the appellants raised the objection that the proceedings initiated by the petitioning creditor in his own name are incompetent a

Click Here to Read the rest of this document