ANDREW ROZARIO Vs. MAHOMED IBRAHIM SARANG

JUDGEMENT

(1.) The plaintiff has filed this suit to set aside a decree obtained by the defendant against him in Suit No. 3367 of 1923 for Rs. 1900 with interest and costs, on October 22, 1923. The defendant was adjudicated an insolvent on his own petition on November 30, 1922. Before the Official Assignee he filed a statement showing liabilities Rs. 13,000 and outstanding debts Rs. 2000 doubtful He described himself as a ship repairer and supplier of coolies and said he had no hooks of account or loose papers as he did not keep any. He did not file his schedule and nothing further was done in the matter of the petition.

(2.) Clearly as the insolvent's interest in the debt, if any, due by the present plaintiff had become vested in the Official Assignee, he had no legal right to bring the suit. If this had been discovered before the decree was passed, the Official Assignee would have been given an opportunity of deciding whether he should be brought on the record as plaintiff, and if he had refused the suit would have been dismissed.

(3.) Within a short time after the decree was passed the plaintiff discovered that the defendant who had been suing him was an insolvent, so he instructed his solicitors to write that the decree passed in the suit was null and void.