In Re The Insolvency Of Nadarajah

Present : Bertram C.J. and De Sampayo J.  1922.

 In re the Insolvency of NADARAJAH.

113-D. C. Colombo, 2,979.

May opposing-creditor call insolvent as witness to prove hit charges at the certificate meeting !-Power of Supreme Court to set aside a certificate-Insolvency Ordinance, ss. 89 and 129.

At the certificate meeting the creditor opposing the allowance of a certificate cannot call the insolvent into the box to examine him to prove his charges against the insolvent.

THE second sitting was closed on June 28, 1921, and certificate meeting was fixed for July 26, 1921. The appellant gave due notice on July 21, 1921, that he would oppose the granting of the certificate on certain grounds which he specified. On the day appointed for the certificate meeting, the appellant's Counsel moved to examine the insolvent who was present in Court in regard to the various grounds on which the appellant based his opposition. The District Judge (A. Beven, Esq.) held that as the second sitting was closed, the insolvent could not be examined till the opposing-creditor had led evidence to prove the charges framed against him; and that, then

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