KANBI POKER TEJA LADHA Vs. THAKAR KHERAJ BHANJI
HIGH COURT OF GUJARAT
KANBI POKER TEJA LADHA
THAKAR KHERAJ BHANJI
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(1.) This appeal is against the finding of the first appellate Court that a particular transfer dated 8th October 1953 by defendants Nos. 1 and 2 in favour of defendant No. 3 was fraudulent on the creditors.
(2.) It is contended that the view taken by the lower appellate Court that the transfer is void under sec. 40 of the B.A.D.R. Act is wrong. This view is no doubt incorrect because it only makes void the transfers by a debtor and not by a person who is alleged to be a debtor and the finding clearly is that he is not a debtor.
(3.) It is next contended that the suit should be filed on behalf of the creditors. This contention is not correct in view of sec. 53 of the T. P. Act. But the plaint particularly para 4 thereof and the prayer clause do show that the suit was filed on behalf of all the creditors. It appears that no permission of the Court was taken for filing such a suit as required by Order 1 Rule 8 Civil Procedure Code and no notice was given as stated in that Rule. But such a permission to file a suit is always given by the Court. The failure to take the permission of the Court is a trifling mistake which does not affect the merits of the matter.;
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