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1951 Supreme(Mad) 6

CHANDRA REDDI, GOVINDA MENON
Seeram Appala Raju. – Appellant
Versus
The Official Receiver, West Godavari. – Respondent


Advocates:
V. Ramaswami Aiyar for C.V. Narasimha Rao for Appellant.
V. Suryanarayana for Respondent.

Govinda Menon, J.-The judgment-debtor against whom a decree for a sum of money had been passed in I.P.No. 8 of 1927 is the appellant in this appeal. One Chekka Rangayya was adjudicated an insolvent on 17th November, 1927, and his properties vested in the Official Receiver of West Godavari. This Chekka Rangayya had to realise a certain sum of money from the present appellant and therefore, the Official Receiver filed an application under section 4 of the Provincial Insolvency Act and the Court passed an order directing the appellant to pay a sum of money as due to Chekka Rangayya to the Official Receiver of West Godavari on 9th April, 1941. According to the provisions of the Act, this order is tantamount to a decree which is capable of execution. The decree was for a sum of Rs. 8,120-5-11. Against the order directing the payment of this sum, an appeal was preferred to this Court in C.M.A.No. 545 of 1941 which was dismissed on 4th February, 1943. In the meanwhile, the insolvent had died on 13th November, 1941, and his legal representative had been brought on record on 22nd September, 1942. But this is a matter of minor importance because nothing depends on the question as to whether





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