Mumbai Court April 1943 Judgments
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Vinayakrao Pandurangrao Desai Vs. Sharanappa Ramanna Metri
Court: Mumbai
Decided on: Apr-02-1943
Reported in: AIR1944Bom100; (1943)45BOMLR1029
Sen, J.1. This appeal arises out of proceedings in execution of a decree in a suit filed by seven plaintiffs all of whom, except plaintiff No. 7, were minors represented by their next friend. The suit was dismissed and the decree, as it stood after the appeal to this Court, contained these words : 'defendant No. 9 to get his costs from the plaintiffs.'2. Defendant No. 5, the present appellant, filed darkhast No. 590 of 1940 for his costs and sought to recover them from the property of the next friend of the minor-plaintiffs. The Court asked him to show how the darkhast was tenable against the property of the next friend. Defendant No. 5 relied on Babu Vrajlal v. Alibhai : (1934)36BOMLR1201 in support of his contention that the next friend was personally liable for the costs. The Court remarked :-I have gone through the judgment in that case but I find that the next friend was directed by the Court to pay the costs of the defendant. The principle that the next friend is ordinarily liabl...
Jagannath Fakirchand Marwadi Vs. Baburao Ganesh Deshmukh
Court: Mumbai
Decided on: Apr-01-1943
Reported in: AIR1944Bom72; (1943)45BOMLR1069
N.J. Wadia, J.1. The question arising for decision in this revision application is whether, when an order adjudicating a debtor insolvent has been annulled by the Insolvency Court under Section 43 of the Provincial Insolvency Act for the failure of the insolvent to apply for his discharge within the time allowed to him by the order of adjudication, the custodian of the property of the debtor appointed by the Insolvency Court under Section 37 of the Act could, continue an application which had been made by the receiver in insolvency under Sections 53 and 54 of the Act for setting aside a fraudulent alienation.2. The facts are briefly as follows. The petitioner, Jagannath Fakirchand Marwadi, who was a creditor of one Ramkisan Khubchand, filed a darkhast against him to recover a certain amount due to him, and on May 28, 1934, the debtor Ramkisan executed in favour of the petitioner a mortgage-deed for Rs. 7,000 in respect of two houses. On June 11, 1934, another creditor of Ramkisan filed...