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Judgment
The learned Judges of the Small Cause Court have given no reasons for their decision.
The right to sue to recover a debt is in the nature of a common law right, and unless it is taken away either expressly or by necessary implication,
it must be treated as subsisting. We are not referred to any Section in the Indian Companies Act under which we can support the decision of the
learned Judges. Section 177, which enumerates the consequences of the voluntary winding up of a company, only recognizes the liability of the
liquidators to pay the debts of the company and limits the right of creditors to a payment pari passu. It does not absolve the debtors from liability to
be sued. The fact that there are liquidators may be material if execution is sought of the decree. We set aside the order and direct that the suit be
restored to the file and disposed of in accordance with law. The costs will be costs in the cause.