ABDUL SHAKUR Vs. KOTWALESHWAR PRASAD

JUDGEMENT

(1.) This is a second appeal under the second proviso or, in the alternative, a revision under the first proviso, to Section 75 of the Provincial Insolvency Act, 1920. by the three creditors Abdul Shakur, Abdul Rashid and Abdul Wahid, against. the appellate decision of the learned District Judge of Kanpur, dated 18-12-1951, whereby the order of the Insolvency Judge under Section 68, dated 12-4-1948, directing the debts due to the present appellants to be scheduled under Section 33 of the Act, was set aside and that of the Official Receiver, dated 1-4-1946, dismissing the claims, of the present appellants restored.

(2.) The present creditors applied for the insolvency of the respondent Kotwaleshwar Prasad on 11-8-1936 on foot of three pronotes in, their favour aggregating Rs. 22.500 in value. The petition for insolvency was opposed by the debtor, but eventually it was allowed on 8-10-1937 on an admission of the debtor himself. An interim receiver was appointed and, under the powers delegated to him under Section 80 of the Act, he proceeded to frame a schedule of debts under Section 33. In those proceedings the debts set up by the present creditors were impugned by the insolvent and also by a creditor named Abdul Sayeed.

(3.) While the said enquiry was being held, the insolvent applied under Section 35 for annulment of the order of adjudication on 27-5-1939 on the ground, inter alia, that he made the said statement, on the basis of which the order of adjudication had been passed, while under the influence of drink. This application oi his was rejected by the Insolvency Judge on 11-8-1939.