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Section 43 – The Provincial Insolvency Act,1920

The Provincial Insolvency Act,1920

Section 43. Adjudication to be annulled on failure to apply for discharge

(1) If the debtor does not appear on the day fixed for hearing his application for discharge or on such subsequent day as the Court may direct, or if the debtor does not apply for an order of discharge within the period specified by the Court, the Court may annul the order of adjudication or make such other order as it may think fit, and if the adjudication is so annulled, the provisions of Section 37 shall apply.

(2) Where a debtor has been released from custody under the provisions of this Act and the order of a adjudication is annulled under sub-section (1), the Court may, if it thinks fit, re-commit the debtor to his former custody, and the officer-iii-charge of the prison to whose custody such debtor is so recommitted, shall receive such debtor into his custody according to such recommitment, and thereupon all processes which were in force against the person of such debtor at the time of such release as aforesaid shall be deemed to be still in force against him as if no order of adjudication had been made.

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The Provincial Insolvency Act,1920

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