CHANAMBAM KULACHANDRA SINGH Vs. KOIJAM TOMBI SINGH

JUDGEMENT

(1.) To appreciate the legal point involved in this revision petition filed under Sec. 115 of the Civil Procedure Code read with Sec. 34 of the Manipur (Courts) Act, 1955, the facts may be set out briefly.

(2.) It was submitted by Shri Somorendra Singh, the learned counsel representing the decree -holder, that since the objection founded on the proviso to Sec. 78 (2) of the Act had bean raised by Tombi Singh for the first time in the Court of the District Judge and since that objection raises a question of fact, the appellate Court had gone wrong in entertaining that objection and remanding the case. Another grievance voiced by Shri Somorendra Singh was that though he had produced certain certified copies before the Additional District Judge to establish that Kulachandra Singh had proved the debt before the insolvency Court, but he (the Additional District Judge) did not take those documents into consideration.

(3.) It is appropriate that Sec. 78 (2) of the Act should be set down here. It runs as under: