MRS EVELYN POPALY Vs. OFFICIAL ASSIGNEE OF MADRAS

JUDGEMENT

(1.) The Official Assignee applied to the Insolvency Court under Section 7 of the Presidency- Towns Insolvency Act for a declaration that certain houses are the property of the insolvent purchased in the name of his wife, the 2nd respondent, or in the alternative that the insolvent has a half interest in those houses. At the hearing before Wads-worth, J., the 2nd respondent raised the preliminary objection that as the 2nd respondent had been examined under Section 36 of the Act the proceedings against her under Section 7 were barred. That objection the trial Judge overruled holding that the previous examination under Section 36 of the Act was no bar to the proceedings before him. The hearing of the application has been stayed pending this appeal.

(2.) The point before us is to what extent this case is covered by the Full Bench decision in Official Assignee of Madras V/s. Narasimha Mudaliar , and its determination depends upon whether the subject-matter of the application is one which falls within Sub-section (5) of Section 36 of the Act.

(3.) The summons under Section 36 reads as follows: Take notice that you are hereby required to appear before the Master in Chambers on Thursday, the 20 day of August, 1936, at 3 P.M. and to give evidence touching the insolvent, his dealings and property and regarding the properties standing in your name and suspected to be his properties and to produce any documents in your possession or control relating to the said properties standing in your name and acquired by you since 1928 and the pass books of all the banks in which you have had accounts from the commencement up to date and also all documents relating to the fixed deposit and chit transactions had by you.