KAMAL LAL GURDA Vs. CHANDRIKA CHARAN RAY

JUDGEMENT

(1.) The creditors in this insolvency sought to make available for distribution amongst them property acquired by the insolvent under a will. It was contended by the insolvent that, as it was the personal property of the insolvent, it was not liable for debts for which he had been adjudicated, namely the debts of his father.

(2.) That is tantamount to an argument that he should not have been adjudicated an insolvent, and indeed that is his argument in substance. But whether he should have been adjudicated or not is a matter which could have been taken on appeal at the time of his adjudication which I understand was about 1919.

(3.) Not having appealed, the order of adjudication stands and it is not seriously disputed that, if the order of adjudication stands, the property under the will is available to the creditors. It is impossible to argue that the order of adjudication was without jurisdiction; the most that Could be said was that it was wrong in law- -a matter with which this Court has nothing to do in this appeal.