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1952 Supreme(Mad) 34

RAMASWAMI GOUNDER
L. Venkataswamy Chetty – Appellant
Versus
V. A. Ganapathia Pillai – Respondent


Advocates:
B.V. Viswanatha Ayyar for Petitioner.
S. Ramachandra Ayyar and K.R. Rama Ayyar for Respondents.

Judgment.-

This is a Civil Revision Petition filed against the order made by the learned District Judge, Tirunelveli, in C.M.A. No. 11 of 1949.

The facts are: The petitioner before us L. Venkataswami Chetty had dealings with Ganapathi Pillai who has been adjudicated an insolvent and on the foot of the transactions between them he filed a suit in the Court of the District Munsif of Coimbatore. He obtained an order for attachment before judgment and consequently a major portion of the articles mentioned in the inventory filed by Arunagiri Nadar (to whom reference will be made later) on 7th October, 1948 had been attached and removed and came to be in the possession of this Venkataswami Chetty.

In these circumstances Arunagiri Nadar filed a creditor-petition against this Ganapathi Pillai alleging that the latter had borrowed on five promissory notes and by means of a cheque a sum of Rs. 17,000, that the amount due to the said ArunagiriNadar as on 30th June, 1948, was Rs. 14,625-7-3, that there was a demand in August 1948 and this Ganapathi Pillai stated that he could not pay his creditors, that this Ganapathi Pillai when the creditors sought him made himself unavailable and could not be
















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