Civil Manual 285 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

Attention is also drawn to the necessity of enforcing strictly the provisions of section 41 of the Provincial Insolvency Act (V of 1920), and obliging insolvents to apply for discharge within the time specified, and utilizing the provisions of section 43. Unless an insolvency is in due form annulled the insolvent should in every case be proceeded against, if he does not apply for his discharge within the time limited. It may be that receivers postpone or agree to the postponement of the date for application for discharge, because the discharge when granted terminates the time during which any property accruing to the insolvent enures for the benefit of his creditors. In such cases however the proper course, as a rule, is not to postpone the application for discharge, but to make the application, the Court being able to suspend the discharge for such period as is proper.

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