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1962 Supreme(Mad) 297

ANANTANARAYANAN
G. H. Yusuf Sait – Appellant
Versus
S. Ramamurthy – Respondent


Advocates Appeared:
A.K. Sriraman, for Petitioner; K. Hariharan, for Respondent.

Judgement

ORDER :- This revision proceeding involves a question of some interest and importance with regard to the degree to which a Court exercising powers in insolvency could review or set aside its own order, either under powers vested in the Court by virtue of S. 5 of the Provincial Insolvency Act (V of 1920), read with S. 114, C. P. Code and Order 47, Rule 1, C. P. Code, or by virtue of its inherent powers under S. 151, C. P. Code. As I shall show presently, there is the authority of the judgment of a learned Judge of this Court in Chandramouleswaran v. Krishnaswami Naidu, AIR 1953 Mad 993 in an instance that was very similar upon the facts, for the affirmative reply to the question with regard to the power of the Court. But the matter is not free from difficulty, particularly in view of certain authorities that have been placed before me by learned counsel for the petitioner. Hence I shall first particularise the essential facts which have led up to the revision proceeding.

2. A certain petitioning creditor, one Fred, J. Dyas, filed I. P. No. 5 of 1960 before the learned Subordinate Judge of Nilgiris at Ootacamund, to have the adjudication in insolvency of the present revision

















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