GULABROA AYAJI DESHMUKH Vs. YADAVRAO MADHAVRAO DESHMUKH

JUDGEMENT

(1.) THIS is an application for revision under Section 75 of the Provincial Insolvency Act. Upon the petition of the non -applicant, the applicant has been adjudged insolvent. An appeal preferred by the applicant against his adjudication having been dismissed by the District Judge, Akola, he has come up to this Court in revision.

(2.) THE non -applicant presented a petition for adjudicating the applicant as insolvent on June 14, 1954, in the Court of the Civil Judge, Mehkar. The total value of the debts set out by him in the petition was Rs. 2,930. The debts set out by him in the petition were as follows: Rs. 233 -8 -0 Due under a decree passed in Civil Suit No. 266/53 in the Court of Civil Judge, Second Class, Mehkar, on 12 -4 -54. Rs. 468 -0 -0 Due under a decree passed by the same Court in Civil Suit No. 16/54, on 23 -4 -54. Rs. 586 -0 -0 Under a decree passed by the same Court in Civil Suit No. 12 -B/54, on 20 -8 -54. Rs. 1642 -8 -0 Being the claim made in a Civil Suit instituted by the non -applicant against the applicant in the same Court on 14.6.54. The acts of insolvency alleged against the applicant consisted of partition of joint family property and effecting some transfers within three months of the making of the insolvency petition.

(3.) THE non -applicant preferred an appeal against the order of the Insolvency Court rejecting his application for amendment of the petition. In that appeal, the District Judge, who heard it, passed the following order: I have heard counsel for parties. As specifically agreed to by both of them, the order under appeal rejecting the application for amendment is set aside and the question whether amendment should or should not be allowed is left open for reconsideration and decision by the Civil Judge (Class I) Buldana, after hearing both the parties..