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1928 Supreme(Mad) 88

WALLACE
Ponnusami Chettiar – Appellant
Versus
Kaliaperumal Naicker – Respondent


JUDGMENT

Wallace, J.

1. This Civil Revision Petition is presented in the following circumstances : The petitioner filed a Small Cause suit against the respondent for a. sum of Rs. 332 said to be owing on account of dealings. The plaint was filed on 19th April 1922. On 16th November 1920, the respondent had presented an insolvency petition in the District Court. On 19th March 1921, he entered into a composition with certain creditors. On 20th December 1921, he was adjudged in-solvent. On 29th September 1922, the District Court accepted the composition and annulled the adjudication. The plaintiffs suit was obviously instituted while the insolvency proceedings were pending, and, therefore, under Section 25, Pro. Ins. Act, could not have been commenced without the leave of the Court.. No leave was obtained. The respondent, therefore, raised a preliminary objection that the suit was not maintainable. The lower Court has upheld that objection and dismissed the suit, and this civil revisions-petition is against that decision.

2. Petitioners contention is that on the annulment of adjudication the insolvency proceedings were at an end, that leave to maintain the action was, therefore no longer





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