Mumbai Court July 1903 Judgments

Manekshar Sorabji Gandhi Vs. Dadabhai Jamshetji

Court: Mumbai

Reported in: (1904)ILR27Bom393

L.H. Jenkins, K.C.I.E. C.J.1. This is an appeal from an order rejecting with costs an application whereby the present appellant prays that he may be declared to be an insolvent under Sections 344 and 345 of the Code of Civil Procedure. Any appeal that may lie from such an order would be under Clause (17) of Section 588 of the Code of Civil Procedure. Now Section 589 of the Code provides that: 'When an appeal from any order is allowed by this Chapter, it shall lie to the Court to which an appeal would lie from the decree in the suit in relation to which such order was made, or, when such order is passed by a Court (not being the High Court) in the exercise of appellate jurisdiction, then to the High Court: provided that an appeal from an order specified in Section 588, Clause 17, shall lie-(a) to the District Court where the order was passed by a Court subordinate to that Court, and(b) to the High Court in any other case.2. The suit in relation to which the order of rejection has been m...