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(1947) 2 MLJ 572 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice Satyanarayana Rao.
Case Number(s) : A.A.O. No. 489 of 1945.
Judgement Date :
Friday 05th of September 1947
| Gopa Somanna (died) and others | .....Appellant(s) | | Versus | | | Vakina Ramachandra Chowdari and others | .....Respondent(s) |
Provincial Insolvency Act (V of 1920), sections 28(2) and 78(2) — Suit against insolvent filed without leave of Court after the date of filing of the petition for adjudication — Suit decreed after adjudication without any objection on the part of the insolvent-Subsequent annulment of adjudication — Application by decree-holder to execute his decree — Pleas that decree was nullity and that time between adjudication and its annulment cannot be excluded — Sustainability.
Cases Referred
Ratnavelu Chettiar v. Fransiscu Udayar : [1945] 1 M.L.J. 472
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