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1936 Supreme(All) 36

NIAMATULLAH
Sardar – Appellant
Versus
B. Navin Chandra – Respondent


JUDGMENT

Niamatullah, J. - This is an appeal arising, out of insolvency proceedings. The appellants are two brothers, who were adjudged insolvents. On 31st March 1935, the Official Receiver attached their house and sold' it on 26th May 1935. The appellants objected on 31st May 1935, alleging that they were agriculturists and occupied the-house as such, which was exempt from, sale in insolvency proceedings. They also objected on the ground that there were material irregularities in the sale. The insolvency Court so far allowed the objection as to set aside the sale but directed that it should be re. sold. The appellants preferred an appeal to the District Judge u/s 75, Insolvency Act, impugning, the correctness of the order of the insolvency Court. The District Judge held that on the merits the appellants' appeal was entitled to succeed, but their objection, to the insolvency Court, which should be considered to be an appeal u/s 68 from an order or action of the Official Receiver, was barred by limitation. Accordingly he dismissed their objection (or appeal) to the insolvency Court from the order or act of the Official Receiver, on the ground that it had been preferred beyond time. T

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