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1925 Supreme(Mad) 575

JACKSON
O. S. Rarnachandra Aiyar, – Appellant
Versus
Sankara Aiyar – Respondent


JUDGMENT

Jackson, J.

1. The petition is to revise the order of the District Judge, West Tanjore, in C.M.A. No. 29 of 1924.

2. One V. Mahadeva Aiyar was judgment-debtor in O.S. No. 407 of 1923 on the file of the Court of the District Mun sif of Mannargudi. On 7th April, 1924, a creditor applied to have him adjudicated insolvent. On 8th and 9th April property of his was sold in execution of the decree. On 24th April the Official Receiver was appointed interim Receiver under Section 20 of the Provincial Insolvency Act. On 9th June the interim Receiver deposited moneys under Order 21, Rule 89, Civil Procedure Code, to have the sale set aside and the District Munsif of Mannargudi set it aside. The District Judge reversed the order of the District Munsif. Hence the petition.

3. The point for determination as correctly stated by the learned Judge in his second paragraph is whether the interim Receiver by virtue of his appointment under Section 20 of the Provincial Insolvency Act had power to act under Order 21, Rule 89, Civil Procedure Code. He was appointed after the sale and therefore cannot be said by his appointment to have been vested in an interest by virtue of a title acquired before s








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