Madras High Court
Imbichunni Nayar vs Lalji Ram Doss Sait And Anr. on 22 April, 1901
Equivalent citations: (1901)ILR 24MAD560
JUDGMENT
1. This is a petition which ought to have been presented under the provisions of the Provincial Small Cause Courts Act and not under Section 622 of the Code of Civil Procedure.
2. The facts are not clearly stated, but apart from what is stated in the surety's petition, which is not verified, it appears that the insolvency petition was filed in due time, and that it was on a subsequent occasion that the judgment-debtor failed to appear when called upon. On these facts, following Koylash Chandra Shaha v. Christophoridi I.L.R. 15 Calc. 171, and Dwarkadas Parshotamdas v. Isabhai Daudkhan I.L.R. 19 Bom. 210, we must hold that the surety could not be held liable. We must set aside the order of the lower Court, Costs of this petition must be paid by the first respondent.