Bhairo Prasad vs S. P. C. Dass - 1919 Supreme(All) 260

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1919 Supreme(All) 260

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

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