LALOO RAM Vs. HAR NARAIN LAL

JUDGEMENT

(1.) This Civil Revision arises out of an insolvency proceedings. Har Narain Lal filed an insolvency petition for adjudication of Swami Dayal and other creditors. The insolvency petition was dismissed on 5-9-1959. On 8-9-1959 Har Narain Lal applied for review. The review application was allowed by the learned Insolvency Judge, Farrukhabad by his order dated 6-1-1960. It was ordered that the opposite parties be adjudged insolvents.

(2.) Two separate appeals were filed by different creditors against the order of adjudication passed by the learned Insolvency Judge. One appeal was by Kanhaiya Lal and others; while the other appeal was by Lallu Ram creditor. Both the appeals were dismissed by the Learned District Judge of Farrukhabad on 4-9-1961. This Civil Revision by Lallu Ram creditor is directed against the appellate order of the learned District Judge.

(3.) When this revision came up for hearing before a learned single Judge of this Court, he considered that it was a little difficult to say whether in such cases the appeal before the District Judge was governed by Sec. 75. Provincial Insolvency Act or by order XLVII of the Code of Civil Procedure. The learned Judge, therefore, referred this case to a larger Bench. That is how this case has come up before us.