Insolvent Estate of H. G. ANDRIS

Re Insolvent Estate of H. G. ANDRIS

D. C, Colombo, 2,001.

Insolvency Ordinance, No, 7 of 1S53, ss. 6, 93, 110-Proof of claim-Bight of insolvent to object to claim and appeal against order allowing it.

The right of an insolvent to object to a claim preferred is dependent upon his showing that he will be materially prejudiced in regard to his allowance or surplus of assets.

AS a creditor of the insolvent, one J. E. Aserappa, sought to prove his claim for a sum of Rs. 21,950.94. The insolvent admitted the claim to the extent of Rs. 3,487.40, and, upon affidavit filed, moved that he be heard before the Court accepted the said claim. The Court disallowed the motion and accepted the claim in toto.

The insolvent appealed.

Morgan de Saram, for appellant.-The insolvent appeals against the order which admitted a creditor's claim without giving an opportunity to the insolvent to be heard. [BROWNE, A.J.-Has the insolvent any right to object to the proof of any claim?] Section 93 of the Ordinance No. 7 of 1853 enables him to do so. He is a necessary party to the insolvency proceedings, notwithstanding the appointment of a provisional assignee

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