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Report No. 26 29. Public examination of insolvent.-(1) Where the court makes an order of adjudication, it shall hold a public sitting on a day to be appointed by the court, of which notice shall be given to creditors in the prescribed manner, for the examination of the insolvent, and the insolvent shall attend thereat, and shall be examined as to his conduct, dealings and property. (2) The examination shall be held as soon as conveniently may be after the expiration of the time for the filing of the insolvent's schedule. (3) The court may adjourn the examination from time to time. (4) Any creditor who has tendered a proof, or a legal practitioner on his behalf, may question the insolvent concerning his affairs and the causes of his failure. (5) The Official Assignee shall take part in the examination of the insolvent; and for the purpose thereof, subject to such directions as the court may give, may be represented by a legal practitioner. (6) The court may put such questions to the insolvent as it thinks fit. (7) The insolvent shall be examined upon oath, and it shall be his duty to answer all such questions as the court may put or allow to be put to him. [New] [Cf. section 27, P.T.A.] (8) Such notes of the examination as the court thinks proper shall be taken down in writing and shall be read either over to or by the insolvent and signed by him, and may thereafter be used in evidence against him and shall be open to the inspection of any creditor at all reasonable times. (9) Where the court is of opinion that the affairs of the insolvent have been sufficiently investigated, it shall, by order, declare that his examination is concluded, but such order shall not preclude the court from directing further examination of the insolvent whenever it may deem fit to do so. [Cf. section 18, rule 5, C.P.C. section 360, Cr. P.C.] (10) Where the insolvent is of unsound mind or suffers from any such mental or physical affliction or disability as in the opinion of the court makes him unfit to attend his public examination, or is a woman who according to the customs and manners of the country ought not to be compelled to appear in public, the court may make an order dispensing with such examination, or directing that the insolvent be examined on such terms in such manner and at such place as to the court seems fit. [Cf. Article 102, Constitution as to "unsound mind".]    |
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