CHAG MULL Vs. JAI NARAIN

JUDGEMENT

(1.) This is an appeal from an order of the Deputy Commissioner of Darjeeling dated the 10th of March 1910, made under Section b7 of the Provincial Insolvency Act, 1907, setting aside a transfer of his house and shop made by the second respdonent Nazir Khan to the appellants Chag Mull and Suraj Mull.

(2.) The facts of the case, so far as we need consider them, are as follows: On the 17th November 1908 the respondent transferred the premises in question to the appellants in order to avoid execution proceedings in a suit brought by then. Six or ten days later, it does not matter which, the respondent filed his petition in Insolvency. This he did under the Insolvency Section of the Civil Procedure Code of 1882, as Darjeeling is a Scheduled District under the Insolvency Act, which was not then in force there. The present Civil Procedure Code was applied to Darjeeling on the 5fch January 1909, and the Provincial Insolvency Act on the 25th January 1909. The respondent was adjudged an insolvent on the 27th May 1909 by the District Judge who appointed a Receiver, and transferred the case to the Deputy Commissioner on the 12th June 1909. On the 9th July the first respondent filed a petition to the Receiver to have the transfer in question set aside, and it was set aside, as we have said, on the 10th March 1910.

(3.) A preliminary objection is taken to this appeal on two grounds: (1) that no appeal lies in this case; (2) that the proper parties are not before the Court because the Receiver is not joined.