9911796707
TMI Blog1941 (2) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... res Bank Limited by way of appeal from a decision of the Official Liquidator. The applicant was admittedly a person who on 3rd August 1939, the date of the commencement of this winding up, was a depositor with the Bank by way of fixed deposit to the extent of Rs. 190 odd. He, accordingly, in due course submitted a proof to the Official Liquidator claiming to be a creditor of the company in this am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n two points. First he says that, inasmuch as the Official Liquidator had not exhausted all his remedies against the principal debtor on the overdraft account, there was nothing due from him and, accordingly, that there was nothing against which the company's debt to him could be set off. The applicant has, however, given up that point. The other point taken by the applicant is this: He says that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but the remedy is destroyed. Even, therefore, if it should turn out to be a fact and I have not the least idea whether it will or not that the present applicant is able to resist the Official Liquidator's suit on the ground that the debt is time-barred, the effect of that will not be to wipe the debt out of existence. The debt would continue to exist, although the Official Liquidator would be una ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , to Schedule 1 of that Code. Under the Civil Procedure Code, of course, the position is quite different. The Code governs the position of persons who are plaintiffs and defendants respectively in suits. If a defendant desires to avail himself of a set off in a suit, he must bring himself within the provisions of Order 8, Rule 6, and those provisions obviously are very different from the condition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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