Decided on April 27,1953

P.R.M.S. Chellappa Chettiar Appellant
Official Assignee Of Madras And Anr. Respondents


Panchapakesa Ayyar, J. - (1.) THIS is an application for annulling the adjudication of respondent 2, L. S. Vardon, an Engine Driver, resident at Erode. L. S. Vardon was adjudicated insolvent on his own petition on 4-12-1952. He had alleged in the petition that he was a permanent resident of Madras and was residing at No. 1/9 -A, Jeson Street, Park Town, Madras. On 11-3-1953, more than three months after adjudication, the applicant, Chellappa Chettiar, one of the creditors claiming Rs. 5,000/- as due to him, has brought this application for annulling the adjudication on the ground that it had been obtained by misrepresentation and fraud, and that Vardon, an Engine Driver of the Southern Railways, was a permanent resident of Erode where he has got a permanent official residence, and all his children, and that he was simply on a casual visit to Madras when he filed the petition. The learned counsel for Vardon does not intend to prove the allegations in Vardon's counter that Vardon is really a permanent resident of Madras. He simply says that, besides being then on a visit to Madras, Vardon is in the habit of coming to Madras now and then in the train, being an engine driver, and that he has got his wife in Madras in the house mentioned above. But it is admitted that he has not left any of his goods or properties in the house alleged and that he merely comes to Madras in the train occasionally. A man driving a train to Madras, or a bus to Madras, or flying over Madras in an aeroplane, without having any permanent residence in Madras, cannot be said to be a resident of Madras, any more than a man passing in a plane or train through several towns can be said to be a resident of those various towns. The position may be different if it was proved that this Vardon actually resided in Madras, either with his wife or without his wife in the house concerned. Vardon has not cared or dared to get into the box and prove anything like that. The object of getting adjudications in 'Madras' by such mufassel persons appears to be to have as few creditors as possible know about the insolvency and prove their claims, and prevent many or even those who come to know from coming all the way to Madras, at an enormous waste of time, money and energy, to prove their claims, and thus get an easy rid of their debts and an easy discharge. As there is no proof that Vardon was a resident of Madras at the time of his petition, his adjudication deserves to be and is hereby annulled, but, in the circumstances, without costs, as this application has been filed more than three months after the adjudication and more than a month after the applicant was informed about the adjudication. Possibly, this delay was due to the applicant's verifying the facts thoroughly before filing the application, but, still, the delay is there. The Official Assignee does not oppose this application. He will be allowed to charge the usual Government charges from the assets of Vardon in his hands before re -delivering the balance to the insolvent whose adjudication has been annulled.;

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