9911796707
TMI Blog1939 (6) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... s Co. Ltd. It now appears that prior to the institution of the suit, that is to say, on 6th October 1938, an order was made at the instance of a creditor by the District Judge of Ajmere for the compulsory liquidation of the defendant company. The plaintiff states that at the time when the suit was instituted he was unaware of the order for compulsory liquidation, and accordingly he made no applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the application to restrain the proceedings in the Comilla suit should be adjourned in order to give the plaintiff an opportunity of regularizing his position by asking for and obtaining leave under Section 171. As to that I observed: In my opinion it such application were made the Court would have no jurisdiction to grant it. As I read 8. 171 it means that leave to proceed with a pending le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... my decision is undoubtedly productive of hardship. I suggested that a solution might be found if the plaintiff were to make an application to withdraw this suit with leave to institute a fresh suit on the same cause of action, and thereafter were to apply to the Court in which the company is being wound up for leave to commence fresh proceedings. That suggestion however did not commend itself to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... England where it has been held that the Court will not stay proceedings where the company is a necessary party to a suit framed against it and other defendants. I will assume, though a perusal of the plaint does not convince me of this, that if the company is dismissed from the suit, the Court cannot grant relief against the other defendant. However, I do not think that this is a consideration whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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