OFFICIAL RECEIVER SALEM HAVING OFFICE IN THE DISTRICT COURT COMPOUND HASTHAMPATTI SALEM Vs. ARIYA BOYAN

JUDGEMENT

(1.) THIS civil revision petition is directed against the judgment in C. M. A. No. 177 of 1985 on the file of II Additional District judge. Salem, confirming the order passed in I. A. No. 123 of 1984 on the file of subordinate Judge, Namakkal.

(2.) SHORT facts are: the respondents filed debtors petition for adjudicating them as insolvents in LP. No. 17 of 1982 on the file of Sub Judge, Namakkal. The insolvency court allowed the petition and the estate of the insolvents was vested with the Official Receiver. While so, the respondents filed I. A. No. 123 of 1984 under Sec. 28 (5) of the Provincial insolvency Act, praying for release of the properties from the administration of the Official Receiver. That was resisted by the Official Receiver. After enquiry, the learned Subordinate Judge, had allowed the petition. Aggrieved by the same, the Official Receiver had filed appeal in C. M. A. No. 177 of 1985 and having failed there, has come forward with this civil revision petition.

(3.) MR. S. P. Subramanian, rightly pointed out that in a petition filed under the Provincial Insolvency Act, the debtors are expected to come out with the assets belonging to them and in that way the house concerned was also shown as one of the items of properties belonging to the respondents. That would not mean that those properties are not covered by Sec. 60, C. P. C. In view of the above, I am unable to accept this submission made by MR. Jagadeesan that since because this house was shown as one of the items belonging to the debtors in the insolvency petition, they cannot now seek release of the same from the possession of the Official Receiver.