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1944 Supreme(Mad) 116

WADSWORTH
Sreemanthu Yarlagadda Sivarama Prasad Bahadur Zamindar Garu of Challapalli – Appellant
Versus
Sri Chelikani Venkatarao – Respondent


JUDGMENT

Wadsworth, J.

1. These two appeals arise out of two connected applications under Section 19 of Madras Act 4 of 1938. The appellant in both cases is the decree-holder. The respondents in A. S. No. 269 were the petitioners in I.A. NO. 595 of 1939 filed in O.S. NO. 52 of 1933. The respondents in A. S. No. 270 were the petitioners in I.A. No. 596 of 1939 filed in O.S. NO. 53 of 1933. Under both decrees, defendant 1 was the father of the present respondents. The question agitated in the Court below was whether the respondents here could claim the benefit of Act 4 of 1938, having regard to the insolvency of their fathers, defendant 1 in each of the two suits. It is common ground that the decision of the lower Court proceeds on a misunderstanding of the law having regard to the rulings of this Court. Defendant 1 in O.S. No. 52 of 1933, father of the respondents in A. S. No. 269 obtained his discharge in insolvency on 24th September 1938. He was, therefore, an undischarged insolvent when Madras Act 4 of 1938 came into force. Defendant 1 in O.S. No. 53 father or the respondents in A. S. No. 270 , obtained his discharge in insolvency on 11th December 1937. He was therefore a discharge





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