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J.V.K.Rajan vs K.Subramaniyan @ Subbu

Madras High Court|17 February, 2017

JUDGMENT / ORDER

The insolvency petition is filed under Sections 7, 8 and 10 of the Provincial Insolvency Act, by two of the debtors seeking adjudication of themselves as insolvents. The said petition has been returned by the trial Court stating that the petition filed by them jointly, is not maintainable. Though Section 7 of the said Act specifies only about a debtor, under Section 13 (Part-2) of the General Clauses Act, 1897, the words in the singular, shall include the plural and vice-versa, and therefore, there cannot be any serious objection to treat the expression 'debtor' as referring to 'debtors' as well. Therefore, the trial Court is directed to number the petition. The Civil Revision Petition is disposed of accordingly. No costs.
17.02.2017 Office to note:
The original papers filed along with CRP, shall be returned to the learned counsel for the petitioners.
cs Copy to The Principal Sub-Judge, Villupuram.
PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.546 of 2017 17.02.2017 http://www.judis.nic.in
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Title

J.V.K.Rajan vs K.Subramaniyan @ Subbu

Court

Madras High Court

JudgmentDate
17 February, 2017