POONAMCHAND PRATAPJI Vs. MOTILAL KAPURCHAND

JUDGEMENT

(1.) This is a suit arising out of a partnership. The plaintiff was -adjudicated an insolvent on March 18, 1924. After the suit was brought the adjudication order was-on June 16, 1931- annulled.

(2.) Several objections have been taken to the suit. I need only consider whether by reason of the insolvency of the plaintiff the suit is not maintainable at the instance of the plaintiff.

(3.) The Presidency-towns Insolvency Act, Section 17, provides that on the making of an order of adjudication, the property of the insolvent shall vest in the Official Assignee. It is admitted that this section does not apply to property that might accrue to, or to which the insolvent might become entitled, after the date of the adjudication. But the property of the insolvent divisible amongst the creditors under Sub-section (1) (a) of Section 52 comprises all such property as may be acquired by or devolve on him before his discharge. Thus the Official Assignee can. assert a right to property acquired by the insolvent after his adjudication and before his discharge.