Failure to prove claim within prescribed time and non-compliance with peremptory suit terms bars adjudication in liquidation.

Appellant failed to prove its claim within the fixed deadline in winding-up proceedings and subsequently failed to comply with court-ordered terms for instituting a suit, including filing within the prescribed period and providing security for costs; the court treated the refusal to extend time as final. The High Court held that reliance on a later-published judgment could not revive or alter the procedural position where the appellant elected the suit route and did not meet peremptory conditions, and that reopening adjudication of the claim in liquidation after non-compliance was untenable; appeal dismissed.

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Issues: Whether an appellant who failed to prove a claim within the time fixed in winding-up proceedings, and thereafter failed to comply with court-ordered terms for instituting a suit, is entitled to have the claim adjudicated in the liquidation proceedings by reliance on a subsequently published judgment.

Analysis: The appellant did not prove the claim by the original deadline fixed for presentation of claims. Subsequent orders granted time and permitted the appellant to sue on terms which included filing within a specified period and providing security for costs; those terms were not complied with and an application for further extension was refused, rendering the earlier order final. The later publication of an authority permitting adjudication of claims in liquidation could not revive or change the procedural position where the appellant had chosen the procedural route of a suit and then failed to meet the court's peremptory conditions. The application to reopen or adjudicate the claim in the liquidation proceedings after failure to comply was treated as an afterthought and was held untenable.

Conclusion: The appeal is dismissed; the appellant is not entitled to have the claim adjudicated in the liquidation proceedings after failing to prove the claim within the time allowed and failing to comply with court-ordered terms for instituting a suit.

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