OFFICIAL RECEIVER OF CUDDAPAH Vs. KALAWA SUBBAMMA

JUDGEMENT

(1.) The plaintiff sued 1 defendant for maintenance; her pauper petition as plaint is dated 15 July 1920. About a month later 1 defendant filed an insolvency petition and was adjudicated insolvent on 24 January 1921.

(2.) Both the lower Courts have found the plaintiff entitled to maintenance and they have charged it upon property in the hands of the Official Receiver who by way of abundant caution was added as 3 defendant. The Official Receiver appeals on the following grounds:

(3.) (1) In the first place, until she obtains a decree the plaintiff has no charge upon the property such as would give her priority over other creditors. This is conceded, but it is contended that inasmuch as plaintiff had filed her suit before the insolvency proceedings commenced she is entitled to establish her rights independently of those proceedings; and if the Courts thought good to allow and to decree her prayer for a charge upon the property, the proceedings subsequent to her institution of the suit constituted no bar to such action.