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1930 Supreme(All) 363

BENNET
Panna Lal – Appellant
Versus
Official Receiver – Respondent


JUDGMENT

Bennet, J. - These are appeals brought by certain creditors against an order of the learned District Judge of Jhansi sitting as an insolvency Court dated 19th May 1929 in which he has refused to add the names of the applicants as creditors to whom distribution shall be made of the assets of a certain firm. This firm Abdulla Usman-Abdul Ghaffer was adjudicated insolvent in April 1927 on the application of certain creditors. The insolvent firm did not apply for discharge and accordingly on 29th April 1929 the Court directed that the insolvency should he annulled and that the assets in the hands of the receiver should be distributed among the creditors. That order has not been brought in appeal before us, but the applicants desire that they should also be added to the creditors to whom distribution should be made. After this order had been made the applicants applied to be added to the creditors and their applications were refused in the order of 19th May 1929 now before us in appeal. We consider that the order of 29th April 1929 was an order which was without jurisdiction because Section 37, Prov. Ins. Act, merely directs:

Where an adjudication is annulled, the property of the

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