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1931 Supreme(Mad) 310

CORNISH
P. Krishnamachariar – Appellant
Versus
The Official Assignee of Madras – Respondent


JUDGMENT

Cornish, J.

1. The appellant is an advocate of this Court. He put in a claim to the Official Assignee for certain moneys due to him by the insolvent for work done for the insolvent in probate proceedings in respect of a will of which the insolvent was the executor and a legatee, and also for other work done by him on behalf of the insolvent. The Official Assignee disallowed a portion of the claim as excessive. There was an appeal against that order, and Mr. Justice Stone held that the claim of the appellant should be allowed in full with interest against the estate of the insolvent. The appellant impeaches that order on the ground that he was entitled to payment from the estate of the: testator, Appaswami Pillai, inasmuch as he was entitled to a lien on that property as having been recovered for the insolvent by his exertions in the probate litigation.

2. With regard to the first part of this contention, it appears to us that it would not have been competent for the Insolvency Court, to make an order against the estate of the testator. The only property which was vested in the Official Assignee by reason of the executors insolvency was the property of the insolvent. The insol



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