Personal liability under section 235 cannot continue against a deceased director's legal representative after death.

Proceedings under section 235 of the Indian Companies Act, 1913 were held to be personal to the director or officer proceeded against and confined to his lifetime. The provision permits inquiry into the conduct of the deceased person, but it does not extend liability to the deceased's estate or to legal representatives. On that construction, the right to continue the proceedings ends on death, and section 306 of the Indian Succession Act does not alter that result in this context. The application to set aside abatement and bring the legal representative on record was rejected.

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Issues: Whether proceedings under section 235 of the Indian Companies Act, 1913 against a director of a company in liquidation can be continued after his death and enforced against his legal representative.

Analysis: The liability contemplated by section 235 is personal and limited to the lifetime of the director or officer proceeded against. The provision authorises an inquiry into the conduct of the deceased person, but not into the estate of the deceased or into liability attaching to his legal representatives. The statutory language controls the extent of the right conferred, and when the person against whom the proceedings lie dies, the right to continue those proceedings comes to an end. Section 306 of the Indian Succession Act did not alter that position in the context of this proceeding.

Conclusion: The proceedings under section 235 could not be continued against the deceased director's legal representative. The application to set aside abatement and to bring the legal representative on record was rejected, and the appeal failed.

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