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1934 Supreme(Lah) 493
Lahore High Court
Tek Chand, J.
Asa Nand - Appellant
Versus
Juggal Kishore & Ors. - Respondents
Decided On : 19-10-1934
JUDGMENT
Tek Chand, J. - In our opinion no substantial question of law arises which would justify our granting a certificate for leave to appeal to His Majesty in Council. The petitioner urges that he has a locus standi to object to the sale because the order of adjudication was automatically annulled on his failure to apply for discharge within the time fixed by the Insolvency Court. This contention is not borne out by the wording of Section 43, Provincial Insolvency Act and is opposed to decisions of most of the Courts in India including the Lahore High Court: see, Abraham v. Sookias 1924 Cal. 777, Wally mahomed Cassim v. Haji Ayub Haji Abba & Co. 1933 Rang. 133, Gopal Ram v. Magni Ram 1928 Pat. 338, Hari Ram v. Sri Krishan Ram 1927 All. 418 and Ishardas v. Mt. Fatima Bibi 1934 Lah. 468. In our view the law has been correctly laid down in the above rulings and the matter is not open to doubt.
2. We dismiss the petition, but make no order as to the costs of this hearing.
