Basdeo Prasad vs Baiju Mandal

This is an appeal by a creditor against an order of the District Judge of Monghyr, dated May 23, 1936, declaring one Baiju Mandal as an insolvent. The first ground taken by the appellant is that no notice was served upon creditor No. 3 in the case. It is admitted, however, that a notice was issued to him and also published in the Gazette,, but it is stated that the creditor was dead on the date he is said to have received the notice. In our view, this is a mere irregularity and does not affect the case between the insolvent and the appellant.

The next point taken by the appellant is that the learned District Judge ought to have granted him time on May 23, 1936, which was the first date for hearing of the case. Ordinarily, time would have been granted if sufficient cause had been shown by the appellant on that date; but from the order-sheet it appears that before disposing of the case, the learned District Judge wanted to deal with the appellant''s application for time, but on repeated calls he was found absent. Under the circumstances, the learned Judge could only reject that application and proceed with the case by examining the insolvent and hearing the arguments. There is no substance in any of the points urged. The appeal fails and is dismissed with costs.