High Courts(1937) 08 PAT CK 0007

Firm Bhudermull Chandi Prasad and Another vs Firm Haji Mahammad Ali Jagarnath and Another

Patna High Court · Decided on 17 August 1937 · Citation: AIR 1938 Patna 65

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Judgment

3 paragraphs · 146 words
1.

This is an appeal by one creditor of an insolvent, against an order dated 9th July 1936, passed by the District Judge of Sahabad, including Haj Mahammad Ali Jagarnath Prasad in the list of unsecured creditors of the insolvent. The appellant''s main grievance is that the debt has not been proved in according ance with Section 49, Provincial Insolvency Act, which in their submission lays down a mandatory method of proving a debt. In our opinion this contention is unsound. In our opinion this contention is unsound. Section 49 lays down only one of the modes in which a debt may be proved.

2.

In this case it appears that the debt was fully proved and indeed admitted in the High Court in Miscellaneous Appeal No. 149 of 1932, disposed of on 25th January 1935.

3.

The appeal therefore fails and is dismissed with costs.