THE OFFICIAL RECEIVER OF RAMNAD, REPRESENTING THE ESTATE OF AT.K.PL.SP. SUBRAMANIAN CHETTIAR, INSOLVENT Vs. N.P.A.K. MUTHIAH CHETTIAR

JUDGEMENT

(1.) THIS is an appeal from an order passed by the Subordinate Judge of Devakottai in proceedings instituted for the execution of a decree passed by the Rangoon High Court and transferred for execution to the District Court of Ramnad before the separation of Burma from India on the 1st April, 1937. The appeal calls for the consideration of Order 21, Rule 16, Section 44 -A, and Section 146 of the Code of Civil Procedure.

(2.) ON the 27th July, 1931, the original side of the Rangoon High Court passed a decree in favour of the AT. K.PL.SP. Chettiar firm against two defendants, the K.S.R.M. Chettiar firm and the N. P. A. K. Chettiar firm. The proprietor of the N.P.A.K. Chettiar firm was one Muthiah Chettiar. On appeal the Appellate Side of the Rangoon High Court held that the K.S.R. M. Chettiar firm was. not liable, but confirmed the decree in so far as it affected the N. P. A. K. Chettiar firm. The appellate decree was passed on the nth May, 1933, and was for the sum of Rs. 26,289 -6 -0 with further interest and costs.

(3.) IN 1929, an application had been filed in the Court of the Subordinate Judge of Tinnevelly for the adjudication in insolvency of the proprietor of the N.P.A.K. firm. On the 11th September, 1937, an order for adjudication was passed. This resulted in the order for sale passed in E.P. No. 73 of 1937 being stayed, and the application being declared to be " closed." Muthiah Chettiar appealed to the District Court against the order of adjudication passed against him and his appeal was successful. The District Judge's order was confirmed by this Court.