In the Matter of the Insolvency of PITCHE TAMBY. PITCHE TAMBY v. ABDULLA.

Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,

and Mr. Justice Wood Renton.

 

In the Matter of the Insolvency of PITCHE TAMBY.

 

PITCHE TAMBY v. ABDULLA.

 

C.,  Colombo, 2,273.

 

    Insolvency-Last examination of insolvent-Duty of Judge-Certificate examination-Assignee's report, effect of-Irregularity in procedure-Ordinance  No. 7 of 1853.

 

At the last examination of an insolvent under section 89 of the Insolvency Ordinance, if no creditor wishes to question him on his balance sheet and accounts, and if he himself does not offer any evidence, the Judge ought to examine him, so that the evidence taken on such examination may be available at the subsequent public sitting under section 124 for the allowance of the certificate.

 

The Ordinance does not seem to contemplate that the Judge at the last examination and at the proceedings under section 124 should rely wholly on the balance sheet and accounts and on the assignee's    report.

 

Where the Judge relied exclusively on the debtor's sworn balance sheet and accounts and on the assignee's report, and

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