LADU RAM Vs. MAHABIR PRASAD

JUDGEMENT

(1.) IN our opinion this preliminary objection must prevail. The respondent has been adjudicated an insolvent. No receiver has been appointed. The rights of the receiver must therefore under Section 23 be exercised by the court. The present appellant, by an application of the 22nd of November, 1915, brought to the notice of the court allegations said to constitute an offence under Section 43, Sub-section (2). It is to be observed that the offences dealt with under that section are in the nature of disciplinary offences, that is to say, offences committed by the insolvent during the insolvency in the nature of breaches of duty to the court and not offences against the general criminal law. The INsolvency Court on the 19th of April, 1916, decided that there was no case. The present appellant claims to have a right of appeal as being a person described by Section 46, Sub-section (2), as "a person aggrieved by an order made by the district court under Section 43, Sub- section (2)." He can only be aggrieved as a member of the public is aggrieved by a decision in a case of which he does not approve. He is not "an aggrieved person" in the sense in which the word is used by the section. We hold that he has no right of appeal. We agree with the head-note in the case of Iyppa, Nainar v. Manikka Asari (1914) 27 INdian Cases 241, decided by the Madras High Court. We are not, however, prepared to go the length of the reasons given in the judgement. The question whether a right of appeal exists at all, for example by a receiver, if there happens to be one, does not arise in this case. We therefore leave that question open to be decided when it arises. We dismiss the appeal with costs.