Govinda Menon, J.-The Official Receiver of East Tanjore, representing the estate of the insolvent in I.P.No. 14 of 1949 on the file of the District Court of East Tanjore, appeals against the order of the Subordinate Judge of Tiruchirapalli, directing that he should be added as the 2nd respondent in E.P.No. 579 of 1949 in O.S.No. 80 of 1948 on the file of the said Subordinate Judge, and that execution should proceed after the Official Receiver is added as the 2nd respondent.

On 17th December, 1947, the 1st respondent before the lower Court executed an agreement in favour of the decree-holder, who is the 1st respondent in this appeal, promising to execute a mortgage over certain properties for the discharge of a sum of Rs. 22,000 and odd due by him to the 1st respondent in this Court. O.S.No. 80 of 1948 in the Sub-Court of Tiruchirapalli was filed on 20th April, 1948, for specific performance of the contract to execute the mortgage in which the present 1st respondent was the plaintiff and the present 2nd respondent, Subbarama Nadar was the defendant. While that suit was pending, on 30th September, 1948, an application to adjudge Subbarama Nadar as an insolvent was filed by a creditor

Click Here to Read the rest of this document