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It was the submission of the learned counsel for the appellant, that R. The question now comes as to what is meant by an ar- rangement for payment of debts. It was pointed out, that the conviction of the appellant by the trial Court, as also, by the High Court, was based only on circumstantial evidence. First and foremost , it was sought to be canvassed, that NRI Legal Services there was no direct or ocular evidence recorded at the behest of the prosecution, so as to render clear and unambiguous culpability of the appellant.

The terms are worded much in the same manner as in the decree itself and are to the effect that a decree for the amount in suit together with half costs would be awarded against the property of Baldev Das deceased. 425-7-0, half costs of the suit. The other contention raised is that the order of confirma- tion not being expressed to be made NRI Legal Services in the name of the Governor, as is required under article 166 (1) of the Con- stitution, is void and inoperative. The expressions "bona fide" and "mala fide" partition seem to have been frequently used in this connection in various decided cases.

The most relevant circumstantial evidence taken into consideration by the High Court, according NRI Legal Services to learned counsel, was the extra-judicial confession made by the appellant, to R. It is also ordered that the defendants do also pay Rs. According to him, the transactions would be complete only when the appellant-plaintiff made the supply and since the supply was made in the instant case after coming into force of the Act, the appellant-plaintiff would be entitled to the benefit of Sections 4 and 5 of the Act.

We lay no stress on the mode or manner of delivery, as that is not of the essence, except to say that it must be done in a judicial way in open court. Refuting the aforesaid submission, the learned Senior Counsel appearing for the respondents submitted that the aforesaid contention is completely misplaced. Alagurajan " PW12 on 22. But a partition need not be mala fide in the sense that the dominant intention of the parties was to defeat the claims of the creditors; if it makes no ar- rangement or provision for the payment of the just debts payable (1) Vishnu, Chap.

The suit was resisted by the defendant company who raised a large number of defences in answer to the plaintiff's claim, most of which are not relevant for our present purpose. He pointed out that if such a meaning, as sought to be given by the learned Senior Counsel appearing for the appellant- plaintiff, is accepted that would lead to giving benefit of the provisions of the Act to unscrupulous suppliers who, in order to get the benefit of the Act, would postpone the delivery of the goods on one pretext or the other.

The details of the aforesaid confessional statement have already been recorded by us hereinabove. 1, on behalf of himself and his mother, and the other by Lala Haraprasad, the special agent of the plaintiff, setting out terms of the compromise. The principal contentions raised on behalf of the defendant were that a suit of this description was not maintainable under section 42 of the Specific Relief Act and that the plaintiff had no locus standi to institute the suit. It was submitted, that in any case, keeping in mind the fact, that the deceased " Jayalakshmi had gone missing on 6.

Bejoy Krishna Roy did not file any written statement and he was examined by the plaintiff as a witness on his behalf. The most material plea was that the contract of sale stood discharged by frustration as it became impossible by reason of the supervening events to perform a material part of it. An important point therefore arises. Alagurajan " PW12 was a stark stranger to the appellant, and therefore, there was no occasion for the appellant, to have made a confessional statement to him.

2007, there was no justification for the accused " appellant to have made a confessional statement months thereafter, on 22. Being faced with the aforesaid situation, the learned Senior Counsel appearing for the appellant-plaintiff sought to submit before us that the decision of this Court in Assam Small Scale Industries case (supra) refers to the expression transactions. " 71 550 There was no petition of compromise filed by the parties and made part of the decree, but there are on the record two statements, one made by Pannalal, the appellant No.

Kunzru that the expression "estate of Baldev Das deceased" occurring in the decree must mean and refer to the property belonging to Baldev Das at the date of his death and could not include any property which the sons obtained on partition with their father during the father's lifetime and in respect of which the latter possessed no interest at the time of his death. The use of such expressions far from being useful does not unoften lead to error and confusion.

So also a mere colourable partition not meant to operate between the parties can be ignored and the creditor can enforce his remedies as if the parties still continued to be joint. It is evident that the decision which is so pronounced or intimated must be a declaration of the mind of the court as it is at the time of pronouncement. During the course of hearing, learned counsel for the appellant raised various contentions. If by mala fide partition is meant a partition the object of which is to delay and defeat the creditors who have claims upon the joint family property, obviously this would be a fraudulent transaction not binding in law and it would be open to the creditors to avoid it by appropriate means.

"It is ordered that the parties having compromised, a decree in accordance with the terms of the compromise be and the same is hereby passed in favour of the plaintiff against the estate of Baldev Das deceased in possession of his NRI Legal Services representatives.