Supreme Court · 1998 INSC 306 · Decided 13 August 1998
Sri Babu Ram @ Durga Prasad v. Sri Indra Pal Singh (Dead) BY LRS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 306 · [1998] 3 S.C.R. 1145
- Case number
- CIVIL APPEAL No. 2551/1977
- Decided
- 13 August 1998
- Bench
- S.B. MAJMUDAR, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Contract Act Section 55; Limitation Act
Headnote
B Provincial Insolvency Act, 1920: Sections 35, 37, 43,(/)-Annulment of insolvency-Effect of-In suit for insolVPncy a joint agreement was filed for sale with a clause for re-conveyance C within 5 years-Plaintiff declared insolvent-Sale deed executed by official receiver-Plaintiff sent notice for filed suit for specific performance-Subseguently, acfjudication as insolvent unconditionally annulled-Held-On annulment, property and rights of plaintiff stand restored to him with retrospective effect-Insolvency D gets wiped out togehter-Notice sent and suit filed for re-conveyance when
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