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Report No. 26

32. Proceedings on annulment.- (1) Where an adjudication is annulled, all sales and dispositions of property and payments duly made, and all acts theretofore done, by the court or by the Official Assignee or other person acting under his authority, shall be valid; but, subject as aforesaid, the property of the debtor who was adjudged insolvent shall vest in such person as the court may appoint by the order of annulment or any subsequent order, or, in default of any such appointment, shall revert to the debtor to the extent of his right or interest therein on such conditions, if any, as the court may, by order in writing, declare.

[Section 37(1), P.A.] [Cf. section 23(1), P.T.A.]

(2) Notice of every order annulling an adjudication shall be published in the Official Gazette and in such other manner as may be prescribed.

[Section 37(2), P.A.] [Cf. section 23(3), P.T.A.]

(3) The person appointed under sub-section (1) shall have power to realise the properties vested in him and to distribute the realisations among the creditors in accordance with the provisions of this Act, and for that purpose may exercise all powers which the Official Assignee may exercise under sub-section (2) of section 91.

[New]

(4) For the purposes of sub-section (3), the person appointed under sub-section (1) may make or continue petitions under sections 54 and 55.

[New]

(5) The exercise of powers under sub-sections (3) and (4) shall be subject to the orders of the court in that behalf.

[New]

(6) Where a debtor has been released from custody under the provisions of this Act and the order of adjudication is annulled as aforesaid, the court may, if it thinks fit, recommit the debtor to his former custody and the jailor or keeper 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 such order had not been made.

[New] [Cf. section 23(2), P.T.A.]



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