Court : Mumbai
Decided on : Dec-20-1935
Reported in : AIR1936Bom423; (1936)38BOMLR864
..... subordinated to the claims of other creditors merely because section 323 directs the executor to distribute the estate rateably if that estate is insufficient. the scheme under the indian succession act seems to me to be this, namely, that when the executor finds that the assets of a deceased person are insufficient for the payment of his debts in ..... , and to grant the application would deprive the defendants of a vested right of pleading limitation against the plaintiff, and no court under such circumstances would grant the amendment. but the fact remains that the plaintiff himself admitted in his evidence that the moneys became due on october 1, 1926, and that he went to demand the ..... of the east india cotton association could not ripen until may, 1927, as the contract was of april-may 1927 vaida. he then applied formally for leave to amend the plaint and stated that the plaintiff's debt became due in may, 1927. the application was opposed. it seems to me that, having regard to the fact .....
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