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1937 Supreme(Mad) 77

VENKATARAMANA RAO
Davood Mohideen Rowther – Appellant
Versus
Sahabdeen Sahib – Respondent


JUDGMENT

Venkataraman Rao, J.

1. The facts sufficient for the disposal of these revision petitions are fully stated in the order of reference and it is unnecessary to repeat them. On those facts the question arises whether, after a person is adjudged an insolvent, a suit filed by a creditor for the recovery of a debt provable in insolvency without the leave of the Insolvency Court is maintainable and can the Court in which the suit is instituted give leave to continue it? The sections of the Provincial Insolvency Act relevant to this question are Sections 28 and 29. Section 28, Clause 2 runs thus:

On the making of an order of adjudication, the whole of the property of the insolvent shall vest in the Court or in a Receiver as hereinafter provided, and shall become divisible among the creditors, and thereafter, except as provided by this Act, no creditor to whom the insolvent is indebted in respect of any debt provable under this Act shall during the pendency of the insolvency proceedings have any remedy against the property of the insolvent in respect of the debt, or commence any suit or other legal proceedings, except with the leave of the Court and on such terms as the Court may impo





















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