Section 43: Adjudication to be annulled on failure to apply for discharge

43. Adjudication to be annulled on failure to apply for discharge.___ (1) If the debtor does not appear on the day fixed for hearing his application for discharge or on such subsequent day as the Court may direct, or if the debtor does not apply for an order of discharge within the period specified by the Court, the order of adjudication shall be annulled, and the provisions of section 37 shall apply accordingly. (2) Where a debtor has been released from custody under the provisions of this Act and the order of adjudication is annulled under sub-section (1), the Court may, if it thinks fit, re-commit the debtor to his former custody, and the officer incharge of the prisoner to whose custody such debtor is so re-commited shall receive such debtor into his custody according to such re -commitment, 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 no order of adjudication had been made.

Effective date: 1920-01-01

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