1958 (3) TMI 21

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....ded as the sixth respondent in that application. Ramaswamy Gounder J. dismissed the application against the sixth respondent as well as against respondents 5 and 7. The joint liquidators appealed against these directions: O.S.A. No. 142 of 1954. Gopalachariar was impleaded as the third respondent in that appeal. During the pendency of that appeal Gopalachariar died on 14th September, 1957. On 3rd January, 1958, the appellants preferred CM.P. No. 347 of 1958 to set aside the abatement of the appeal as against Gopalachariar, and C.M.P. No. 348 of 1958 to bring on record the legal representative of Gopalachariar. A further affidavit was filed on 21st February, 1958, to explain the delay in preferring these applications. The question for consi....

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....n the literal words of the 165th section." Hall V.C. proceeded: "Looking at the language of the section in reference to making an offender who is criminally responsible liable, it appears to me that there is a total absence of power to investigate the conduct of a dead man under it....." The position under the English statute was thus summed up in Buckley on the Companies Act, 12th Edn. at page 682: "The section is personal only as against the director or officer and does not apply as against the executors of a deceased director or officer." Courts in India have been consistent in placing the same construction on the analogous provision, section 235 of the Indian Companies Act. In Manilal Brijlal v. Rao Saheb Vandravandas [1944] 14 Co....

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....300 , and it was reiterated in Sankaran v. Kottayam Bank [1946] 16 Comp. Cas. 36 . Section 306 of the Indian Succession Act was relied upon by the applicants both in the Lahore and Allahabad cases even as it was relied on before us. We are in respectful agreement with what Harris J. said at page 14 of the reported judgment in Official Liquidators, Mufassil Bank v. Jugal Kishore ILR. [1939] All. 6: "................when the law which gives a person a right to institute proceedings gives him a right to institute and continue those proceedings against a man only in his lifetime, then if the defendant dies the right dies with him and the suit or proceedings cannot be continued against his executors." It is the language of section 235 of the A....