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Report No. 26

Admission or rejection of proof

25. Admission or rejection of proof.-(1) The Official Assignee shall examine every proof and the grounds of the debt, and in writing admit or reject it in whole or in part, or require further evidence in support of it.

(2) If he rejects a proof, he shall state in writing to the creditor the grounds of the rejection.

[Cf. Sch. II, rule 25, P.T.A.]

26. Court may expunge proof improperly received.-If the Official Assignee thinks that a proof has been improperly admitted, the court may, on the application of the Official Assignee, after notice to the creditor who made the proof, expunge the proof or reduce its amount.

[Section 50, P.A. part] [Cf. Sch. II, rule 26, P.T.A.]

27. Power for court to expunge or reduce proof.-The Court may also expunge or reduce a proof upon the application of a creditor if the Official Assignee declines to interfere in the matter, or in the case of a composition or scheme upon the application of the insolvent.

[Section 50, P.A. part] [Cf. Sch. II, rule 27, P.T.A.]

28. Proof by creditors before declaration of final dividends.-Any creditor of the insolvent may, at any time before the declaration of the final dividend under section 77, tender proof of his debt and apply to the court for an order directing his proof to be admitted in respect of any debt which is provable under this Act and in respect of which a proof has not been tendered; and the court, after causing notice to be served on the Official Assignee and the other creditors who have proved their debts, and after hearing their objections, if any, shall allow or reject the application.

[Cf. section 33(3), P.A.]

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