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Report No. 26

105. Power to substitute petitioner in certain cases.-Where in the case of a petition presented by a creditor the petitioner does not proceed with due diligence on his petition, the court may substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Act in the case of a petitioning creditor:

[Section 16, P.A.] [Cf. section 92, P.T.A.]

Provided that no such order for substitution shall be made if the original petition was not maintainable and the application for substitution is made more than three months after the date of the act of insolvency on which the original petition was based.


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