UMRAO SINGH Vs. KUNWAR MAN SINGH

JUDGEMENT

(1.) Umrao Singh appeals from the order of the District Judge of Kanpur dismissing his application for getting the benefit of Section 17, U.P. Debt Redemption Act, No. XIII of 1940.

(2.) The appellant was adjudicated insolvent some years ago and the official receiver was ordered to administer his property. For some time, the proceedings for realisation of his assets remained stayed under the Temporary Postponement of Execution of Decrees Act [Act X of 1937]. On the expiry of that Act, the official receiver proceeded to sell the Zamindari property of the appellant Thereupon the appellant filed an application before the Court to obtain benefit of Section 17, Debt Redemption Act. This application was rejected by the Insolvency Judge on the ground that Section 17, Debt Redemption Act did not apply to insolvency proceedings and only applied to execution of Civil Court decrees. The appellant went in appeal before the District Judge who has upheld the order of the Insolvency Judge; hence this second appeal.

(3.) We are of opinion that the order of the Courts below is wrong. They have failed to consider the provision of Section 60(2), Provincial Insolvency Act, No. V of 1920. That sub-section reads as follows: Nothing in this Act shall be deemed to affect any provisions of any enactment for the time being in force prohibiting or restricting the execution of decrees or orders against immoveable property; and any such provision shall be deemed to apply to the enforcement of an order of adjudication made under this Act as if it were such a decree or order.