Section 43: Adjudication to be annulled on failure to apply for discharge

Q: What does Section 43 of The Provincial Insolvency Act, 1920 (TPIA) deal with?

Section 43 TPIA pertains to "Adjudication to be annulled on failure to apply for discharge". It is part of the The Provincial Insolvency Act, 1920, a legislation enacted by the Parliament of India. Section 43 of The Provincial Insolvency Act, 1920 (TPIA) governs adjudication to be annulled on failure to apply for discharge. As verified on 19 May 2026.

Q: Is Section 43 TPIA still in force?

Yes, Section 43 of the The Provincial Insolvency Act, 1920 is currently in force across the Republic of India.

Q: What is धारा 43 TPIA?

धारा 43 TPIA is the Devanagari Hindi reference for Section 43 of the The Provincial Insolvency Act, 1920. Section 43 of The Provincial Insolvency Act, 1920 (TPIA) governs adjudication to be annulled on failure to apply for discharge. As verified on 19 May 2026.

Q: What is Dhara 43 TPIA?

Dhara 43 TPIA is the Roman Hindi reference for Section 43 of the The Provincial Insolvency Act, 1920. "Dhara" means "Section" in Hindi. Section 43 of The Provincial Insolvency Act, 1920 (TPIA) governs adjudication to be annulled on failure to apply for discharge. As verified on 19 May 2026.

Q: How to cite Section 43 of The Provincial Insolvency Act, 1920?

Cite as: "Section 43, The Provincial Insolvency Act, 1920 (TPIA)" in legal briefs. For academic writing, use the BlueBook format: The Provincial Insolvency Act, 1920, § 43 (India).

Law on Tips Editorial Board

(1)

If the debtor does not appear on the day fixed for hearing his application for discharge or on such subsequent day as the Court may direct, or if the debtor does not apply for an order of discharge within the period specified by the Court, [the Court may annul the order of adjudication or make such other order as it may think fit, and if the adjudication is so annulled, the provisions of section 37 shall apply.] [Substituted by Act 3 of 1950, Section 7, for "the order of adjudication shall be annulled, and the provisions of section 37 shall apply accordingly " .]

(2)

Where a debtor has been released from custody under the provisions of this Act and the order of adjudication is annulled under sub-section (1), the Court may, if it thinks fit, re-commit the debtor to his former custody, and the Officer-in-charge of the prison to whose custody such debtor is so re-committed shall receive such debtor into his custody according to such re-commitment, and thereupon all processes which were in force against the person of such debtor at the time of such release as aforesaid shall be deemed to be still in force against him as if no order of adjudication had been made.