HAJI JACKERIA HAJI AHMED Vs. RDSETHNA

JUDGEMENT

(1.) On the 30 of April 1909, a petition was presented by a creditor of Haji fan Mahomed under Section 9 of the Indian Insolvent Act for his adjudication as an insolvent, alleging that, on the 20 April when in hopelessly insolvent circumstances, he fraudulently assigned over to Haji Jackeria Haji Ahmed Patel, by way of mortgage, all his property in British India in order to secure an alleged debt of three lakhs and a half. Upon that petition Haji Jan Mahomed was adjudicated an insolvent.

(2.) On the 18 June 1909, Haji Jackeria Haji Ahmed Patel applied to the Commissioner in Insolvency for a rule calling upon the petitioning creditor to show cause why the order of adjudication obtained by him should not be reviewed or revoked. He alleged that the order of adjudication was improperly obtained by making misrepresentations to the Commissioner. On the argument of the rule, it was objected that the applicant Haji Jackeria Haji Ahmed Patel had no locus standi to make such an application, and the learned Commissioner held that that was a good objection and on that ground discharged the rule.

(3.) An appeal has now been preferred under Section 73 of the Insolvent Act against both the order of adjudication of the 30 April 1909 and the order discharging the rule made on the 30 June 1909. The section provides that an appeal should be preferred to the High Court within one calendar month from the date of any adjudication, order or proceeding by which the appellant shall think himself aggrieved. The appeal is out of time with regard to the order of adjudication, but is within time with regard to the order passed by the Commissioner upon the rule. The question before us, therefore, is whether the last-mentioned order is right or wrong.