MOLHAR SINGH Vs. RAGHUNATH

JUDGEMENT

(1.) A learned single Judge of this Court has referred the following question of law for the opinion of the Division Bench:

(2.) RAGHUNATH the respondent made an application under the Provincial Insolvency Act for the adjudication o Sagar as an insolvent. He alleged that a debt of more than Rs. 500 was due to him and that Sagar had committed several acts of insolvency. During the pendency if the proceedings Sagar died and his name was deleted from the array of the parties and his son Molhar Singh was substituted. He opposed the petition. He denied the debt and alleged that his father's thumb mark had been obtained on a blank paper. Vari ous other pleas were also taken.

(3.) AGGRIEVED against the order Molhar Singh came to this Court in appeal. At the hearing of the appeal the learned Judge felt doubtful whether the proceedings were maintainable after the death of Sagar. He felt that if the debtor dies before ad judication the proceedings abate because the question of adjudication of a person as an insolvent was a matter personal to him and the right to sue did not survive the death of the debtor. The learned Judge felt doubtful about the applicability of the Division Bench decision of this Court in Piarey Lal v. Salamat Ullah, AIR 1937 All 435 and the correctness of the decision in Ramathai Anni v. K. Kanni-appa Mudaliar, AIR 1928 Mad 480- He formulated the question of law mentioned above and referred it for decision by a Division Bench.