DWARKA DASS Vs. KANHAIYA LAL AND ORS.

JUDGEMENT

(1.) This is a revision application against an order of the learned District Judge, Jhansi dismissing an application under Sec. 7 of the Provincial Insolvency Act.

(2.) The applicant, as Karta of a joint Hindu family carrying on business under the name of M/s Mithoo Lal Tek Chand presented a petition before the Insolvency Judge, Orai praying that the respondents be adjudged insolvents. It was alleged that the respondents had taken loans from the applicant from time to time, that they had sold their goods through the commission agency of the applicant and that they had also entered into partnership with the applicant to carry on business in hemp. It was asserted that the commission agency account between the parties was "mutual, open and current," and that a sum of Rs. 19,206-13-3 besides interest was the "ascertained sum" payable by the respondents to the applicant in this account, and it was also claimed that a sum of Rs. 62,546/1/3 was due to the applicant in the partnership account as representing the balance of capital due. It was alleged that the respondents had committed an act of insolvency and were, therefore, liable to be adjudged insolvents.

(3.) The petition was opposed by the respondents on a number of grounds, among them being that no liquidated sum was payable to the applicant and, therefore, the petition was not maintainable.