BABU LAL Vs. OTMAL

JUDGEMENT

(1.) THE alleged debtors Babu Lal and others have filed this appeal against the order of the learned District Judge, Jalore, dated 26-2-83, directing the return of the application of the creditor for adjudicating the appellants insolvents, for proper presentation.

(2.) THIS case had a chequered history and had been pending before the learned District Judge, Jalore, for a considerable long time and had also travelled up to this Court on question of jurisdiction itself when it was remanded to that court. After the remand, the order under appeal has been passed.

(3.) THE learned counsel for the respondent also brought to my notice a few other authorities by which various procedural provisions of the Code of Civil Procedure had been applied to applications under the Act and, in my opinion, a brief reference to those authorities would suffice. In Bhagwan Das vs. Chuni Lal (6), the provisions of Order 9 CPC were applied to an application under the Act. in Ishar Das vs. Mt. Fatima Bib (7) the Court went to the extent of saying that the Court while dealing with an application under the Act can exercise its inherent powers under the Code of Civil Procedure, and can pass all orders necessary for the ends of justice. In Panna Lal vs. Abdullah (8), the provisions of restitution under the Civil Procedure Code were applied to proceedings under the Act. In Rampratap vs. Lachman (9) also the provisions of Order 9, Rule 13 CPC were applied to proceedings under the Act. In Grirangam Chettiar vs. Nornam Pillai (10), Order 6 Rule 17 CPC was applied to proceedings under the Act and in Pushkaran v. Ramakrishnan (11) the powers of review under the Civil Procedure Code were made applicable to proceedings under the Act.