ORDER: In 1954 Soundararajan and Co. Ltd, filed O. S. No. 1594 of 1954 on the file of the City Civil Court, Madras, to recover a sum of Rs. 1358-2-6 with interest and costs from Sankarapandia Nadar. In an affidavit filed by the manager or Messrs. Soundararajan and Co. Ltd., in Appln No. 20 of 1956 it is alleged that the suit was peremptorily posted for final disposal on 15-11-1955 and that on the respondents representation that his wife was ill the suit was adjourned to 30-11-1955.

After having obtained an adjournment of the suit from the City Civil Court on this ground Sankarapandia Nadar filed LP. 111 of 1955 before this Court on 29-11-1955 to get himself adjudicated insolvent, and this was done on the same day. On 30-11-1955 this fact was reported to the City Civil Court with the result that the suit was not proceeded with.

2. After he was adjudicated insolvent Sankarapandia Nadar was examined on oath by the Official Assignee. He then stated For the last four months I have been living in Madras. I now live in No. 5 Cuddappah Rangiah Chetti St." On 4-1-1956 Messrs. Soundararajan and Co. Ltd., filed Appln. No. 20 of 1956 for annulling the order of adjudication on the ground