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Report No. 26

10. Admission of petitions.-(1) The procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), with respect to the admission of plaints, shall, so far as it is applicable, be followed in the case of insolvency petitions, by all courts other than the High Court.

[Section 18, P.A.]

(2) Where an insolvency petition is admitted, the court shall make an order fixing a date for hearing the petition.

(3) Notice of the order under sub-section (2) shall be given, in such manner as may be prescribed,-

(a) to creditors;

(b) where the petition is grounded on an act of insolvency constituted by any transfer of property made by the debtor to any person, then to such transferee; and

(c) to such other persons, if any, as the court may think fit, being persons having an interest in the proceedings.

(4) Where the debtor is not the petitioner, notice of the order under sub-section (2) shall be served on him in the manner provided for the service of summons.

(5) The provisions of this section do not apply to the High Court.

[Section 19, P.A.]



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