K. S. VELU Vs. VASUDEVAN NAIR

JUDGEMENT

(1.) Revision petitioner challenges the judgment of the Additional District Judge, Trichur in C. M. A. 32 of 1990. The Additional District Judge dismissed the appeal confirming the order in I. A. 2981 of 1989 in I. P. 3 of 1985 of the Sub Court, Trichur. The Courts held that the revision petitioner is not entitled to get absolute discharge in the insolvency matter.

(2.) Revision petitioner filed I. A. 2981 of 1989 under S.42 of the Kerala Insolvency Act. The Sub Judge allowed the petition on condition of the revision petitioner discharging the amount due to the respondent under the decree in O. S.466 of 1979 of the Sub Court, Trichur.

(3.) Contention of the revision petitioner is that as he was adjudged insolvent by order dated 8-9-1989 the respondent could not have raised any objection later challenging it. In other words, revision petitioner contends that once he has been declared insolvent on his petitions under S.10 of the Act the Court cannot reconsider it.