E.ANANDAN Vs. K.KARUNANITHI

JUDGEMENT

(1.) This Civil Revision Petition is filed as against the fair and decreetal order passed by the learned District Judge, Karur in C.M.A.No.7 of 2018, dtd. 16/11/2021.

(2.) The petitioner has filed an Insolvency Petition in I.P.No. 59 of 2015 before the Principal Subordinate Court, Karur, to declare him as insolvent and to vest his B schedule property with the official Receiver. The trial Court, by its order dtd. 27/6/2018 allowed the application, as against which, the first respondent preferred an appeal before the District Court, Karur and the learned District Judge, Karur by his Judgment and decree dtd. 16/11/2021 allowed the Civil Miscellaneous Appeal. Aggrieved over the same, the present Civil Revision Petition is filed.

(3.) The learned counsel appearing for the petitioner submits that the petitioner was doing some vulcanizing work and for the purpose of putting up some construction in the suit schedule property, he borrowed money from the respondents and when he is unable to repay the debt to the respondents, the first respondent attached the property of this petitioner in E.P.No.234 of 2015. Hence, the petitioner filed the above petition under Sec. 10 of Provincial Insolvency Act,1920, to declare him as insolvent and to vest his property with the official Receiver. The trial Court has allowed the application. However, in the appeal filed by the respondent in CMA No.7 of 2018, the order of the trial Court was reversed by the learned District Judge, Karur by his order dtd. 16/11/2021, without any valid reasons. The petitioner has produced evidence before the trial Court that he has fulfilled the requirements under Sec. 10 of Provincial Insolvency Act,1920 and he has also established his inability to repay the debt. The grievance of the petitioner is that the trial Court has rightly allowed the petition filed by the petitioner in I.P.No.59 of 2015, however, it was simply reversed by the first Appellate Court without any independent findings and therefore, the order of the first Appellate Court has to be set aside. The learned counsel has relied on the following Judgments in order to substantiate his contentions:-