J.V.K.Rajan v. K.Subramaniyan @ Subbu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD).No.546 of 2017

1. J.V.K.Rajan

2. J.V.K.Nallathambi .. Petitioners Vs.

1. K.Subramaniyan @ Subbu

2. T.Gunasekaran @ Guna

3. J.Sakthivel

4. Deiveegan

5. M.Gopu

6. B.Boopathy

7. N.Gunasekaran

8. Selvaraj

9. Deivamani

10. Durai

11. Mubeen Bai

12. Krishnamurthy

13. L.Agandananthan

14. C.Shanmugam

15. M.Boopathy

16. Vijay

17. Tirupathi

18. Seshan

19. Vadivel .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Principal Sub-Court, Villupuram to take on file, number the insolvency petition filed on 11.11.2016 in 19th Register No.18129 on the file of the Principal Sub-Court, Villupuram.

For petitioner : Mr.P.Sathesh Kumar

ORDER

The insolvency petition is filed under Sections 7, 8 and 10 of the Provincial Insolvency Act, by two of the debtors seeking adjudication of themselves as insolvents. The said petition has been returned by the trial Court stating that the petition filed by them jointly, is not maintainable. Though Section 7 of the said Act specifies only about a debtor, under Section 13 (Part-2) of the General Clauses Act, 1897, the words in the singular, shall include the plural and vice-versa, and therefore, there cannot be any serious objection to treat the expression 'debtor' as referring to 'debtors' as well. Therefore, the trial Court is directed to number the petition. The Civil Revision Petition is disposed of accordingly. No costs. 17.02.2017 Office to note:

The original papers filed along with CRP, shall be returned to the learned counsel for the petitioners.

cs

Copy to The Principal Sub-Judge, Villupuram.

PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.546 of 2017 17.02.2017

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