GADAG CO OPERATIVE COTTON SALE SOCIETY LTD Vs. ANNIGERI AGRICULTURAL PRODUCE CO OPERATIVE SALE SOCIETY LTD

JUDGEMENT

(1.) These five revisions arise out of a common order passed by the learned Civil Judge, Dharwar, in the exercise of insolvency jurisdiction.

(2.) A few facts leading to these petitions may briefly be stated: One Sha Velji Kanji died on 2-12-1937, leaving behind some properties and also debts due to some Co-operative Societies. His Legal representatives are said to have transferred all those properties in favour of a few creditors without making any arrangements for the payment of the debts of others who, therefore, filed insolvency applications under Section 9 of the Provincial Insolvency Act, against the wife, two daughters, son-in-law and five minor children of the deceased debtor. The opponents contended that the petitions against them were not maintainable as they do not come within the meaning of debtors who have committed any act of insolvency. An application for amendment raising some additional grounds so as to bind the opponents personally, was also filed by one of the creditors- The lower Court allowed the amendment in its order dated 2-11-1968, and, in the same order, it has held that the insolvency petitions are maintainable only against the major members but dismissed the same so far as they are directed against the minors. Aggrieved by this order, the other creditors Nos. 1 and 2 have filed the above revision petitions. That part of the order dismissing the insolvency applications against the minors is rightly not challenged before me by anyone.

(3.) Mr. K. R. D. Karanth, learned counsel for the first respondent, has raised a preliminary objection against the maintainability of these petitions on the ground that the order of the lower court is appealable under Section 75 of the Provincial Insolvency Act. It is, therefore, necessary to decide this point first before entering into the merit of the other contentions.