NALLAGATTI GOUNDAN Vs. RAMANA GOUNDAN

JUDGEMENT

(1.) THE appellant who had filed an application for adjudication as an insolvent applied for interim protection and this application was rejected by the District Judge. This appeal is against that order refusing such protection. In our opinion, the District Judge has inherent powers under Section 5 of the Provincial Insolvency Act to grant the appellant the protection he has claimed. See Abdul Razak v. Basiruddin Ahmed (1910) 14 CWN 586. On the merits of the application we are not satisfied that the discretion vested in the District Judge has been wrongly exercised by him. In these circumstances we dismiss this Miscellaneous Appeal with costs.