KARRAY MANGIAH CHETTY Vs. KANACHI RAMIAH CHETTY

JUDGEMENT

(1.) Ramiah Chetty filed his insolvency petition and schedule of the 21st July 1897 and a vesting order was passed the same day. He obtained his personal discharge on the 23th September alleging that he had paid all his creditors. He applied in 1906 to have his petition dismissed, when Mangiah Chetty, the appellant before us, came forward to prove his claim, which was rejected by the Official Assignee. He applied to Mr. Justice Boddam, who rejected his application with costs to be paid to the insolvent on the 21st January 1907. This order was reversed by the Appellate Court and the case was remanded to the Commissioner in Insolvency for a re-hearing. The costs incurred up to the date of the appellate order were also to be dealt with by him. Wallis, J., again dismissed the application on the 16th November 1908 and ordered Mangiah Chetty to pay the costs of the application and the appeal to the insolvent s attorney.

(2.) It was argued before us, on behalf of Mangiah Chetty, that Mr. Justice Boddam s order of the 21st January 1907 is a subsisting order. We are of opinion that that order was set aside in appeal and the order on 16th November 1908 is the final order now in force.

(3.) Mangiah Chetty obtained a decree on the 17th December 1907 against Ramiah Chetty, the insolvent, and his son Adinarayana Chetty for Rs. 3,000 and costs in Original Suit No. 94 of 1905. Of this, a sum of Rs. 1,602 is still said to be due.