RAFIQUE, WALSH
Bhairo Prasad – Appellant
Versus
S. P. C. Dass – Respondent
JUDGMENT
1. This appeal must be dismissed. It was clearly an application u/s 22 of the Provincial Insolvency Act. A stranger to the insolvency is not bound to go to the Insolvency Court at all. He has the ordinary right, which every individual has, to seek redress in the ordinary Civil Courts for any grievance or trespass to his property, whether committed by an Official Receiver or anybody else, but he can if he pleases, if he complains against the act of the Receiver, apply u/s 22 to the Insolvency Court itself, and a Bench of this Court has held that if he does so and obtains a decision upon the merits, that decision is final. But similarly if he applies u/s 22, he must comply with the terms of Section 22. In this case he applied after the expiration of 21 days of the act of attachment of which he complains. We are inclined to think, though we do not decide, that Section 4 of the Limitation Act would have enabled him to apply as soon as the Court opened, it being sent at the time of the attachment, but even after the Court opened he delayed for a further ten days. The learned Judge was, therefore, right in dismissing the application, not upon the merits but as an application whic
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.