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    <title>1942 (10) TMI 9 - MADRAS HIGH COURT</title>
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    <description>An appeal can be maintained where the impugned order proceeds on the basis that the appellant represented a party or a sufficiently represented person, because that assumption itself is challengeable. A decree and execution sale, however, do not bind a person whose property has re-vested in him after annulment of insolvency unless he was brought on record or otherwise properly and subsistingly represented when the proceedings were taken. Once the insolvency adjudication was annulled, the Official Receiver became functus officio and could not represent the estate. The decree, sale, and obstruction proceedings were therefore ineffective against the omitted person&#039;s interest, and the delivery petition failed.</description>
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    <pubDate>Thu, 01 Oct 1942 00:00:00 +0630</pubDate>
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      <title>1942 (10) TMI 9 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=289082</link>
      <description>An appeal can be maintained where the impugned order proceeds on the basis that the appellant represented a party or a sufficiently represented person, because that assumption itself is challengeable. A decree and execution sale, however, do not bind a person whose property has re-vested in him after annulment of insolvency unless he was brought on record or otherwise properly and subsistingly represented when the proceedings were taken. Once the insolvency adjudication was annulled, the Official Receiver became functus officio and could not represent the estate. The decree, sale, and obstruction proceedings were therefore ineffective against the omitted person&#039;s interest, and the delivery petition failed.</description>
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      <pubDate>Thu, 01 Oct 1942 00:00:00 +0630</pubDate>
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