LAW FOR ALL

No remand in insolvency case = no ingredients of Order 41, Rules 23, 23-A or 25 of the Code have been attracted in the present case. The impugned order of remand is, therefore, wholly unjustified. whether the petitioners herein are bona fide purchasers for valuable consideration and in paragraphs 15 and 16 of its order the said aspect has been discussed and a finding was reached that the sales are genuine for valuable consideration and the purchasers have, not only paid the consideration, but also made constructions on the petition ‘A’ schedule property.-the insolvency petition is not maintainable under Order 30, Rule 1 of the Civil Procedure Code (for short “the Code”) and in my view what all the Order 30 of the Code is that a firm, though not a legal person, can be sued in the name of the firm. The requirement of all the partners suing the insolvency petition may not arise.