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Allahabad High Court · body

1914 DIGILAW 96 (ALL)

Ram Narain v. Behari

1914-03-27

KNOX

body1914
JUDGMENT : 1. The plea which has been argued before me is plea No. 1, and it is to the effect that the plaintiff having been adjudged an insolvent has no right to maintain the present suit against the appellant. In support of this argument I am referred to S. 20, Cl. (d), Act 3 of 1907. 2. I hold that clause does in no way apply to the matter in dispute in the present case. The matter in dispute is a decree, the property of Ram Narain, and in no way the property of Bebari and Dhokal. There is therefore nothing to prevent Behari and Dhokal from instituting, defending or continuing any suit or other legal proceedings relating to this decree. The plea fails. No other plea as argued before me. The appeal is dismissed with costs.