HANS RAJ versus RATTAN CHAND, ETC.

HANS RAJ versus RATTAN CHAND, ETC.

An application by a person aggrieved by an act of the receiver, not acting under court order, is governed by Section 68 and must be made within 21 days from the date of the receiver's act; Section 4 does not create a separate procedural remedy exempt from Section 68 limitation.

Parties
Appellant: Hans Raj; Respondent: Rattan Chand; Receiver: Mohinder Lal
Jurisdiction
India
Judgment Date
03 April 1967
Procedural Posture
Civil Appeal / Appeal From Punjab High Court Judgment Dated November 28, 1962 in Letters Patent Appeal No. 212 of 1961
Outcome
Appeal dismissed
Legal Topics
Limitation for Receiver Applications, Jurisdiction Under Provincial Insolvency Act
Insolvency Law Limitation for Receiver Applications Jurisdiction Under Provincial Insolvency Act

Case Brief

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Parties

Hans Raj

Appellant

Rattan Chand

Respondent

Mohinder Lal

Receiver

Procedural Posture

Civil Appeal / Appeal From Punjab High Court Judgment Dated November 28, 1962 in Letters Patent Appeal No. 212 of 1961

Legal Issues

  1. 1 Whether the appellant's application was governed by Section 68 of Provincial Insolvency Act, Punjab Act 5 of 1920
  2. 2 Whether limitation period of 21 days under Section 68 applied to objection against receiver's act
  3. 3 Whether an application could be treated as under Section 4 instead of Section 68

Ratio Decidendi

An application by a person aggrieved by an act of the receiver, not acting under court order, is governed by Section 68 and must be made within 21 days from the date of the receiver's act; Section 4 does not create a separate procedural remedy exempt from Section 68 limitation.

Court Disposition

Appeal dismissed

Orders

  • Application deemed incompetent as barred by limitation under Section 68
  • Appeal dismissed with costs