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1936 Supreme(Mad) 66

PANDRANG ROW
Periakatha Nadar – Appellant
Versus
Mahalingam alias Katteri Malayapillai Nadar deceased – Respondent


JUDGMENT

Pandrang Row, J.

1. This is an appeal from the order of the Additional Subordinate Judge of Madura dated 21st October, 1935 recognising the transfer of the decree in O.S. No. 147 of 1928 in favour of the petitioner and directing execution to proceed. The decree in question was obtained by the receiver appointed in O.S. No. 71 of 1920 and that decree constituted one of the assets of the partnership, the affairs of which were involved in O.S. No. 71 of 1920, the receiver himself being one of the partners. The appellant in this appeal is also one of the partners. It was found in August 1931 by the Court before whom this suit, O.S. No. 71 of 1920, was pending that the receiver appointed was unable to do anything to protect the assets of the firm from being lost by the bar of limitation. Accordingly it decided to assume the reins of control in its own hands. By an order dated 20th August, 1931 it was decided by the Court that as the outstandings were getting time-barred they should be sold in the Court premises by a Commissioner to be appointed and that the bidding at the sale would be confined to the parties to the suit, and the same order directed the receiver not to do any wor





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