PUTTATHAYAMMA Vs. C CHIGKAVENKATAPPA

JUDGEMENT

(1.) This is an appeal preferred by the appellant-petitioner against the orders of the learned Third Additional District Judge, Bangalore, on I.As.Nos.III, IV, V and VIII in Insolvency Case No.11 of 1932-33 dismissing I.A.No.III and allowing the other three applications.

(2.) The petitioner in Ins. 11 of 32-33 was one Putta Narasimhanna. He died on 22-10-36 and his wife, the present appellant, was brought on record as his legal representative to continue the insolvency proceedings at her own request. She filed I.A.No.III in the Court of the District Judge, Bangalore, praying that the order of adjudication passed in favour of her deceased husband might be annulled. She urged various grounds in this behalf, but the then learned District Judge dismissed that petition on 14-11-1949. This order was taken in appeal in R.A. 67 of 50-51 on the file of this Court, and the appeal was dismissed on 11-1-52. Though I.A. No. III was thus disposed of finally, the petitioner re-agitated the matter before the Third Additional District Judge and he also rejected the application as not maintainable. A portion of this appeal relates to that order.

(3.) We are of opinion that the appeal, so far as the order on I.A. No.III is concerned, is not maintainable inasmuch as I.A. No.IIi was finally disposed of by this Court on 11-1-1952 in R.A.67 of 50-51. In view of that order, it was not open to the petitioner to re-agitate the matter before the lower Court. No fresh order on I.A.No.III was necessary and the order of the learned District Judge that the application was not maintainable and that therefore, it was rejected, may be taken merely as a repetition of the previous order of the then learned District Judge which culminated in the order in R. A. 67 of 50-51: Under these circumstances, we hold that the appeal, so far as the order on I.A.No.III is concerned, is not competent and that the same is liable to be dismissed.