TMI Blog1935 (4) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... t Kishen Lal was adjudicated an insolvent. Thereupon notice was issued to the Official Receiver asking him whether he would continue the suit on behalf of the insolvent, but he took no steps whatever to bring himself on the record. One Kanshi Ram however claiming to be an assignee from the Official Receiver applied to be brought on the record in place of Kishen Lal and wanted to maintain the suit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it. From this order the defendant has preferred an appeal. A preliminary objection has been taken before me that no appeal lies against the order of the District Judge. The objection is based on two grounds. In the first place it is urged that a second appeal is barred by Section 104 (2) from an order passed in appeal under this section. Secondly it is argued that the appeal purports to have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to abate unless the receiver declines to continue the suit, and further provides that if the receiver neglects or refuses to continue the suit, the Court may make an order dismissing the suit. In the case before me the receiver, in spite of notice and appearance in Court, did not choose to continue the suit and the Court had no option but to dismiss it. The receiver not having been brought on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rict' Judge, but I do not agree with him there. To arm an unauthorised person with an authority to harass the defendant to whom valuable right has been secured on account of the contumacious disregard of the law by the Official Receiver does, in my view, clearly amount to a miscarriage of justice entitling me to exercise my re-visional jurisdiction in this matter. I hold therefore that no appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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