K. Hajee Abdul Latheef Sahib And … vs The Official Assignee Of Madras on 15 November, 1912

JUDGMENT

1. The appellants made an application in the insolvency of A.S. Mahomed Oosman Sahib & Co. and asked for a declaration that certain goods which had been seized by the Official Assignee after adjudication, were their property and not the property of the insolvents. This application was dismissed on the merits. The appellants then brought a suit against the Official Assignee for the declaration which he had asked for in his application in the insolvency. No authority has been cited in support of the contention that such a suit will lie. In our opinion it will not.

2. We see no reason for interfering with Wallis, J.’s order refusing leave to amend the plaint.

3. The appeal is dismissed with taxed costs.