SHAKUNTALA CHAWLA Vs. OFFICIAL ASSIGNEE BOMBAY

JUDGEMENT

(1.) This petition raises an interesting question with regard to the scope and powers of the Court to grant leave to prosecute legal proceedings in a pending suit, under Section 17 of the Presidency Towns Insolvency Act (3 of 1909).

(2.) Insolvent Ramgopal Khanna was adjudicated Insolvent by this Court in Insolvency Petition No. 45 of 1969 on 1st July, 1969.

(3.) The Applicants filed a suit in the Court of the Civil Judge (Senior Division), Thane, being Civil Suit No. 145 of 1975, inter alia, against the heirs land legal representatives of the Insolvent who were joined as defendants 1 to 6 in the suit. The suit had been filed by the Applicants against the heirs and legal representatives of the Insolvent for the purpose of recovering vacant and peaceful possession of certain premises described in the Plaint therein, and for other ancillary reliefs. It may be pointed out that the suit was filed in the year 1975 and applicants were aware of the fact that Ramgopal Khanna had been adjudicated Insolvent in the year 1969, a fact which is borne out in the plaint itself.