BABULAL Vs. MOTILAL

JUDGEMENT

(1.) THIS is an appeal under Section 76, Gwalior Insolvency Act Samvat 1980 against an order of the District Judge, Guna refusing the Appellant -debtor extension of time for applying for his discharge. The order of the adjudication was made on 26 -4 -1954 and it specified that the debtor shall apply within two months for his discharge. The debtor failed to do so. He applied for his discharge on 22 -7 -1954 and stated that he could not make an application for his discharge within the time fixed as he was ill.

(2.) HAVING heard Mr. Hargovind Misra, learned Counsel for the Appellant, I have reached conclusion that this appeal must be accepted. Under Section 26(2) the Court is empowered to extend the time within which the debtor has to apply for his discharge, if sufficient cause is shown. Here the Appellant did state that on account of illness he could not apply for his discharge within the time fixed for it.

(3.) IN the result this appeal is allowed, discharged order dated 26 -7 -1954 is set aside and the lea (sic) in this (sic) District Judge is directed to dispose of the petion (sic) for discharge according to law. There will (sic) order as to costs.