Section 38: Continuity of proceedings in the event of death or insolvency

38. Continuity of proceedings in the event of death or insolvency.—(1) Where, (a) any property of a person has been attached under this Act and no representation against the order attaching such property has been preferred; or (b) any representation has been preferred to the Court, and (i) in a case referred to in clause (a) such person dies or is adjudicated as insolvent before preferring representation to the Court; or (ii) in a case referred to in clause (b), such person dies or is adjudicated as insolvent during the pendency of representation, (iii) then it shall be lawful for the legal representatives of such person or the official assignee or the official receiver, as the case may be, to prefer representation to the Court, or as the case may be to continue the representation before the Court, in the place of such person. (2) Where, (a) after passing of a decision or order by the Court, no appeal has been preferred to the High Court under section 23; or (b) any such appeal has been preferred to the High Court, then (i) in a case referred to in clause (a), the person entitled to file the appeal dies or is adjudicated an insolvent before preferring an appeal to the High Court, or (ii) in a case referred to in clause (b), the person who had prepared appeal dies or is adjudicated as insolvent during the pendency of the appeal before the High Court, then, it shall be lawful for the legal representatives of such person, or the official assignee or the official receiver, as the case may be, to prefer an appeal to the High Court or to continue the appeal before the High Court in place of such person and the provision of section 23 shall, so far as may be, apply, or continue to apply, to such appeal. (3) The powers of the official assignee or the official receiver under sub-section (1) or sub- section (2) shall be exercised by him subject to the provisions of the Insolvency (Karachi Division) Act, 1909 (III of 1909) or the Provincial Insolvency Act, 1920 (V of 1920) as the case may be.

Effective date: 2010-03-27

Amendment history

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