High CourtsSingle Bench(1933) 07 AHC CK 0007

Vidya Ram vs Lajja Ram and Others

Allahabad High Court · Decided on 26 July 1933

HON’BLE JUDGES
Iqbal Ahmad, J
CASE NUMBER
Civil Rev. No. 639 of 1932

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Judgment

3 paragraphs · 172 words

Iqbal Ahmad, J.—This is an application in revision against the appellate order of the District Judge setting aside an order passed by the Insolvency Judge. No exception can be taken to the propriety or legality of the order. It is however pointed out by the Learned Counsel for the applicant that the learned judge while annulling the adjudication ought to have issued a direction u/s 37 of the Provincial Insolvency Act ordering that the property of the insolvent shall vest in some person other than the insolvent. The learned judge towards the close of his judgment has made the following observation:

The Insolvency Judge is reminded that if there are any assets in the hands of the official Receiver he must pass orders for the disposal thereof.

2.

I take it that by this observation the learned judge intended to direct the Insolvency Judge to pass orders u/s 37(1) of the Act. The application is dismissed. As no one appears on behalf of the opposite-party, I make no order as to costs.