High CourtsDivision Bench(1959) 08 KL CK 0032

Unni Pillai vs Sreedharan

High Court Of Kerala · Decided on 18 August 1959 · Citation: AIR 1960 Ker 146 : (1959) 3 KLJ 1141

HON’BLE JUDGES
K. Sankaran, C.J · Anna Chandy, J
RESULT
Dismissed
CASE NUMBER
A.S. No. 696 of 1958

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Judgment

3 paragraphs · 183 words

K. Sankaran, J.—This appeal is directed against the lower court''s order dismissing an application for a review of an earlier conditional order allowing the insolvent''s prayer for an order of discharge. The lower court considered the grounds on which the review was sought for and came to the conclusion that there is no proper or justifiable ground for a review. Accordingly, the application for review was dismissed, Such an order is not an appealable order. There is no specific provision in the Insolvency Act for review for the orders passed by the Insolvency court.

However, it may be taken that the Insolvency court has got that power also in view of the provision making the CPC applicable to insolvency proceedings. Even then it cannot be said that there is a right of appeal to any of the parties, in respect of an order dismissing an application for review. The aggrieved party could have preferred an appeal against the original order.

2.

In the result the preliminary objection as to the maintainability of this appeal is upheld and the appeal is dismissed with costs.