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Official Liquidators, Dehra Dun ... vs President, Council Of Regency on 29 April, 1935 cites

Shiam Lal J. Dewan vs Official Liquidators Of The U.P. Oil ... on 19 July, 1933

6. This case was of course followed by the later Full Bench case of this Court in Shiam Lal J. Dewan v. Official Liquidators, U.P. Oil Mills Co., Ltd. 1933 ALJ 1203, in which one of the members of the Bench at p. 1219 also emphasized that the analogous Section 235 also did not create new rights and the procedure under the section would not be adopted where it would deprive the opposite party of some defence or answer open to him in a regular suit. It follows therefore that where there was any case of an order to be made under Section 186 for payment of money due from a person, the order can be made by the Court only in cases where a suit to recover the amount would be maintainable. If the remedy by suit is for some reason or other barred, then the Court would not make an order under Section 186, for it would be depriving the opposite party of the defence which is open to him.
Allahabad High Court Cites 33 - Cited by 15 - Full Document
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