High CourtsDivision Bench(1922) 06 AHC CK 0008

Mir Shahamat Ali vs Rahim Bux and Another

Allahabad High Court · Decided on 13 June 1922 · Citation: 84 Ind. Cas. 1008

HON’BLE JUDGES
Walsh, J · Ryves, J

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Judgment

1 paragraphs · 145 words
1.

There is nothing in this appeal, The Receiver must enquire into all the debts when the estate is administered, and he will form his own judgment as to whether this alleged debt of Rs. 75 is a genuine one or not, and if it turns out to be, as suggested, fictitious, no dividend will be payable in respect of it. The same observation applies to the debt of the appellant, although he has got a decree. A decree obtained against the judgment-debtor is not binding against the Receiver in insolvency. There is always a possibility of its having been collusive between the parties'' when the judgment-debtor has nothing in the world to bless himself with and does not care whether he has decrees for an unlimited amount against him or not. The appeal must be dismissed with costs, on the higher scale, if any.