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Report No. 26

21. Suit by Official Assignee and insolvent's partners.-(1) Where the person adjudged insolvent is a partner in a firm, the court may authorise the Official Assignee to continue or commence and carry on any suit or other proceeding in his name and that of the partner of the insolvent; and any release by the partner of the insolvent of the debt or demand to which the proceeding relates shall be void.

(2) Where an application for authority to continue or commence any suit or other proceeding has been made under sub-section (1), notice of the application shall be given to the partner of the insolvent, and he may show cause against it, and on his application the court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the proceeding, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the court directs.

[New) fa section 98, P.T.A.]



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