1945 (7) TMI 7

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....rmination in this Civil Revision Petition is whether proceedings started against a director of a company under section 235 of the Indian Companies Act can be continued after his death by bringing his legal representatives on record. The petitioner started proceedings under section 235 against the directors of a company in liquidation one of whom, Krishnan Nambudiri, died before the enquiry was ov....

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....High Court in Manilal Brijlal v. Rao Sahib Vandiravandoss [1944] 14 Comp. Cas. 147, a decision cited on behalf of the respondents, has taken the same view. It was held that it was never intended to involve the Court on an application under section 235 in an enquiry relating to the estate of a deceased person. The learned advocate for the petitioner does not refer to any decision in his favour; but....

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....the powers of the Court with regard to the estate of a contributory or a debtor but there is nothing in that section to indicate that those powers can be exercised in a summary proceeding under section 235. As regards the provision in the Code of Civil Procedure reference is made to Order 22, rule 4, of the Code of Civil Procedure, but this provision applies only if the right to sue survives. The ....