NAMDEO VISHWANATH Vs. UMBAOSINGH SADHURAM

JUDGEMENT

(1.) This is a creditor's appeal arising out of a petition filed by a debtor for adjudicating himself insolvent u/s. 10 of the Provincial Insolvency Act, 1920. At the outset, it must be made clear that this matter is required to be treated as a revision application under law and it is directed that it should be treated as a revision application and an appropriate number be given to it. I would point out that the petitioner had approached this Court by way of a revision application and it is also numbered as such. However, on the view taken by the office, the revision application was renumbered as a second appeal. The present proceeding would be covered by the provisions of Sub-section (1) of Section 75 of the Provincial Insolvency Act, 1920 , if at all it should be covered by any provisions of the Provincial Insolvency Act. If the present petitioner-creditor could be held a person aggrieved, then his remedy against the trial Court's order would be in the form of appeal to the District Court and thereafter by way of a revision to this Court under the first proviso to Sub-section (1) of Section 75. Under these circumstances, this matter is directed to be renumbered as a revision application.

(2.) The facts giving rise to this revision application are these:

(3.) In the insolvency petition, the public examination of the debtor took place on August 22, 1963 under the provisions of Sec. 24 of the Provincial Insolvency Act. Only one creditor participated in the enquiry, namely Shivshankarsing. He challenged the petition on the ground that the debtor was in a position to pay the debts. The trial Judge by his order dated September 3, 1963 held that the debtor's debt exceeded Rs. 500; that the property of the debtor was under attachment on the date of the petition, but it was not shown to his satisfaction that the debtor was unable to pay his debts. In the circumstances, the petition came to be dismissed.