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Commentary

94 Judgments and orders

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

94 Judgments and orders

| Commentary

94 Judgments and orders

Where an unconditional order for the payment of a sum of money has been made and that sum has not been paid, the sum due forms a good petition debt even though the underlying claim is for damages1. Only rarely does the court go behind a judgment debt (eg if it can be demonstrated that it was obtained by fraud). It may, however, adjourn a petition to enable application to be made to set it aside or pending the hearing of an appeal, unless the application or appeal is hopeless. An order requiring a

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