In re The Insolvency Of Samsudeen

1914 Present: Lascelles C. J. and De Sampayo A. J.

In re THE INSOLVENCY OF SAMSUDEEN

8 D. C. Colombo, 2, 537.

Frivolous and vexatious defence-" Within six months next preceding of the. filing of the petition "-What is to be. deemed the date of the offence ?

Obiter, per Lascelles C. J. -" I am bound to say that I feel a good deal of difficulty in accepting the proposition that the offence of raising a false and frivolous defence must be taken from the date of the judgment in the action, and not from the filing of the answer. " A defence which is disbelieved by the Court is not necessarily " frivolous and vexatious " within the meaning of section 151 (7).

THE facts are set out in the judgment of the District Judge (H. A. Loos, Esq. ): -

Only one of the insolvent's creditors gave notice of opposition to the grant of a certificate of conformity to him, but that notice wag not given three clear days before the date of the certificate meeting, so that the notice must be disregarded.

The insolvent was sued in the action No. 35, 063 of this Court for the recovery of a sum of Rs. 5, 400 in respect of certain machinery alleged to have

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