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1988 Supreme(MP) 292

Y.B.SURYAVANSHI, C.P.SEN
GOPAL PRASAD CHOURASIA – Appellant
Versus
PRABANNA KUMAR SHRIVASTAVA – Respondent


Advocates Appeared:
H.S.KALA, K.L.ISSRANI

Y. B. SURYAVANSHI, J.

( 1 ) IN this petition under Art. 227 of the Constitution of India, the petitioner Gopal Prasad Chourasia is challenging the orders dt. 13-02-1985, passed by First Additional Judge to the Court of District Judge, Chhindwara holding that the "revision" filed against the order passed by the First Civil Judge, Class I, Chhindwara, in Insolvency Case No. 6/55 is not maintainable. (ii) The Insolvency Court in the orders dt. 13-08-1984, while dealing with the objection of the petitioner whether this petitioner has a right of pre-emption and accordingly whether he is a person aggrieved by the act of the Receiver (respondent 1 - then Guru Prasad Shrivastava, Advocate - now substituted by his L. R. Shri Prabanna Kumar Shrivastava, Advocate) inter alia, held that the order challenged by the petitioner Gopal Prasad Chourasia could be decided on the basis of the documents filed by him and no oral evidence is necessary to decide that matter. (iii) The learned Addl. Judge in the order dt. 13-02-1985 held, that the orders passed by the Court of Insolvency are appealable under S. 75 and therefore, no revision lies. In the alternative it was also held that in the interlocutory



















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