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Rescision of Receiving Order, and Annulment of Adjudication.

Applications to rescind Receiving Order,to stay proceedings there under, or to annul adjudication.[134A.]

13. An application to the Court to rescind a Receiving Order or to stay proceedings thereunder, or to annul an adjudication, shall not be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver. Unless the Court gives leave to the contrary, notice of any such application shall be served on the Official Receiver not less than seven days before the day named in the notice for hearing the application. Pending the hearing of the application, the Court may make an interim order staying such of the proceedings as it thinks fit.

Public Examination of Debtor.

Public examination of debtor who is a lunatic, &c. [189A.]

14. (1.) An application for an order dispensing with the public examination of a debtor or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver, or by any person who has been appointed by any Court having jurisdiction so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who may appear to the Court to be a proper person to make the application.

(2.) Where the application is made by the Official Receiver, it may be made ex parte, and the evidence in support of the application may be given by a report of the Official Receiver to the Court, the contents of which report shall be received as prima facie evidence of the matters therein stated.

(3.) Where the application is made by some person other than the Official Receiver it shall be made by motion, of which notice shall be given to the Official Receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be supported by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the debtor.

(4.) Where the order is made on the application of the Official Receiver, the expense of holding the examination shall be deemed to be an expense incurred by the Official Receiver within the meaning of Rule 125 of the Bankruptcy Rules, 1886. Where the application is made by any other person, he shall, before any order is made on the application, deposit with the Official Receiver such sum as the Official Receiver shall certify to be necessary for the expenses of the examination.

(5.) The order to be made on the application shall he in the Form No. 41A or the Form No. 41B in the Appendix, as the case may be, with such variations as circumstances may require.