FIRM OF RAMAKRISHNA AIYAR REPRESENTED BY ITS TWO PARTNERS S RAMA AIYAR Vs. OFFICIAL RECEIVER OF TINNEVELLY

JUDGEMENT

(1.) This is a petition for review of the judgment pronounced by myself and Moore, J. on the 4th February 1916 in A.A.O. No. 407 of 1914.

(2.) That appeal was preferred by one Mr. Gopaliah (then Official Receiver of Tinnevelly) against the order passed by the District Judge of Tinnevelly refusing the receiver s application made under Section 37 of the Provincial Insolvency Act III of 1907 to annul certain alienations made by an adjudicated insolvent in favour of one of his creditors, (namely, the firm represented by the respondents 1 and 2) within three months before the adjudication).

(3.) Pending A.A.O. No. 407 of 1914 in this Court, Mr. Gopalaiah, the Official Receiver resigned his post and a new Receiver was appointed by the Local Government for the Tinnevelly Division. The appeal came on for hearing before myself and Moore, J. on the 4th February 1916. Mr. Deva Doss had filed the appeal for Mr. Gopalaiah, the then Official Receiver. I accept Mr. Deva Doss s statement that on 4-2-1916 he represented to us that Mr. Gopalaiah had resigned his post of Official Receiver and that another gentleman (Mr. S. Subramania Aiyar) had been appointed as Official Receiver, that a doubt was suggested before us by the learned Counsel whether it was necessary to have the name of the new Official Receiver substituted for that of Mr. Gopalaiah in the appeal records before the appeal could be heard and that we intimated that all that was necessary was that instead of the appellant being described as Mr. P.A. Gopalaiah, Official Receiver of Tinnevelly thereafter, he might be described simply as the Official Receiver of Tinnevelly.