Allahabad Court October 1936 Judgments

Firm Sarju Prasad-bhagwati Prasad Sah Vs. Rajendra Prasad and ors.

Court: Allahabad

Reported in: AIR1937All271

1. This is a plaintiff's appeal arising out of a suit for recovery of a sum of money on a cause of action which is alleged to have arisen on 13th October 1929. The suit was instituted on 23rd February 1932 against the defendants who are alleged to be the proprietors of a firm Madho Ram Rajendra Prasad, carrying on business at Calcutta. Before the suit had been filed, this firm had been adjudicated insolvent by the Calcutta High Court on 17th April 1929; but before the institution of the suit, no leave for commencing this proceeding was obtained by the plain, tiff. The Court below on 2nd December 1932 dismissed the suit holding that for want of leave the suit was not maintainable. During the pendency of the appeal in this Court, it now appears that the adjudication of insolvency was annulled by the Calcutta High Court on 14th February 1933 on the ground that the insolvent had not applied for discharge within a certain time. The annulment was not of the entire proceedings from the outset...