CHATRAPAT SINGH DUGAR Vs. KHARAG SINGH LACHMIRAM

JUDGEMENT

(1.) That Act is distinguishable.

(2.) The point is fully discussed in The Special Officer, Salsette Building Sites v. Dasabhai Bezanji Motiwala (1913) 17 C. W. N. 421. In Bombay Burmah Trading Corporation, Ld. v. Dorabji Cursetji Shroff (1903) I.L.R. 27 Bom. 415 the application was under the Code, I think. If you see the arguments of Mr. Branson and Mr. Lowndes in the last mentioned case, yon will find the point fully discussed.

(3.) It would be a very serious thing if no appeal lay under the Provincial Insolvency Act. Then no appeal would lie under the Bengal Tenancy Act, Probate and Administration Act, and Companies Act.