Salil Kumar Roy Chowdhury, J. - (1.) This is an application by a creditor for condonation of delay and recording the death of one of the judgment-debtors Kishenlal Sahani and for an order directing the other debtor to file the schedule of affairs with the Official Assignee forthwith and the Official Assignee be directed to sell the premises No. 67/7, Main Rohtak Road also known as New Rohtak Road, Karolbag, New Delhi and for other consequential reliefs.
(2.) It appears that in August, 1963 the petitioner as a creditor instituted a suit being Suit No. 1364 of 1963 under Order XXXVII of the Code of Civil Procedure for the recovery of Rs. 30.058.06 and for interest, receiver, injunction and cost. The said suit was based on 6 hundis drawn by the firm of Bharat Tea Co. by Kishenlal Sahani alias Krishanlal Sahani in favour of the said creditor and the said hundis were accepted by the said Kishenlal Sahani. On 24th Jan., 1964, this Court passed the decree for Rs. 30,058.06 with interest on the principal sum at the rate of 6% per annum from 1st Aug., 1963 till realisation and cost in favour of the creditor. Thereafter the creditor got the cost taxed by the taxing officer of this Court at Rs. 2,250.39 making the total debt due to the creditor by the partners of the said firm at Rs. 30,508.45 (or Rs. 32,308.45?).
(3.) Thereafter on the 2nd March, 1966 the petitioner as a creditor filed an application in this Court praying, inter alia, for adjudication of the said Bharat Tea Company and its said partners, being the debtors after the presentation of the said insolvency petition.;