9911796707
TMI Blog1936 (1) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment-debtors was auctioned on May 12, 1931 and was purchased by K.B. Mian Feroz Shah of Nowshera for Rs. 12,000. Two objection petitions by different sets of judgment-debtors were presented to the executing Court for setting aside the sale. In the meantime the judgment-debtors approached the Lahore Court, which will be referred to as the parent Court in this judgment, with the request that the exparte decree should be set aside and incidentally the judgment-debtors asked that the proceedings at Peshawar should be stayed. A "robkar" was consequently issued by parent Court on October 27, 1934, to the executing Court at Peshawar in which the parent Court directed that the proceedings with respect to the confirmation of sale should be stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the grounds taken before the District Judge one related to the order which was issued by the parent Court and it was urged that after receiving that order in Court the executing Judge became functus officio and could not have taken any steps further. This aspect, however, was not discussed by the appellate Judge in his judgment. The petitions for revision have been presented to this Court against the orders of the District Judge; one relating to the confirmation of sale and the other respecting the dismissal of the objections. A revision petition has also been presented by the auction-purchaser against the finding of the appellate Judge to the effect that Appeal No. 162 (relating to the dismissal of the objections) was within time. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Bank of India in which the Lahore Chief Court has held that where a company originally begins the proceedings, the subsequent appeals and revisions do not need the permission of the liquidating Court required by section 171, Companies Act. Section 171, Companies Act, runs thus: "When a winding up order has been made, no suit or other legal proceedings shall be proceeded with or commenced. Against the company except by leave of the Court, and subject to such terms as the Court may impose." It will be observed that it is only a suit or other proceedings against a company which is prohibited. A similar case arose in the House of Lords, Humber v. Griffiths. The following extract from Halsbury's Laws of England, Vol. V. p. 539, note (c) suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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