AMMEDKUTTY MOOPAN Vs. MADHAVAN

JUDGEMENT

(1.) IN this revision Mr.V.R.Venkatakrishnan,learned Vaid counsel for the petitioner,challenges the two orders passed by the subordinate courts annulling an order of adjudi­cation made at the instance of the first respondent in I.A.No.2174 of 1960.

(2.) IT is seen that the petitioner claimed to be a cre­ditor of the insolvents -respondents 2 and 3 in I.P.No.2 of 1958,Subordinate Judge 's Court,Palghat for adjudicat­ing those respondents as insolvents under the Insolvency Act,1956.

(3.) ACTUALLY those persons were also adjudicated -in­solvents on 8th August 1958.The first respondent herein then filed I.A.No.2174 of 1960 under section 36 of the Insolvency Act to annul the order of adjudicating the respondents 2 and 3 as insolvents on the ground that the petitioner is not a creditor of the insolvents and that he has no right to maintain an application under section 9 of the Insolvency Act.