Section 98: Suits by official assignee and insolvent’s partner

98. Suits by official assignee and insolvent’s partner.—(1) Where a partner in a firm is adjudged insolvent, the Court may authorize the official assignee to continue or commence and carry on any suit or other proceeding in his name and that of the insolvent’s partner; and any release by the partner of the debt or demand to which the proceeding relates shall be void. (2) Where application for authority to continue or commence any suit or any other proceeding has been made under sub-section (1), notice of the application shall be given to the insolvent’s partner, and he may show cause against it, and on his application the Court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the proceedings, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the Court directs.

Effective date: 1909-01-01

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