DONDAPATI JOHN Vs. VADDI SUBRAHMANI AND ANOTHER

JUDGEMENT

(1.) This is an appeal from the judgment of the Subordinate Judge, Amalapuram dismissing the suit brought by the appellant in forma pauperis for the recovery of Rs. 27,409-50 nP.

(2.) The material facts of the case lie in a narrow compass and may be briefly stated. The 1st defendant executed a promissory note for Rs. 21,000/- on 7-1-1953. He presented a petition under Section 10 of the Provincial Insolvency Act in the District Court, East Godavari on 17-7-1954. That was returned to him for presentation to the proper Court which is the Subordinate Judge's Court, Amalanuram. The 1st defendant accordingly represented it in the Subordinate Judge's Court, Amalanuram and it was numbered as I.P. No. 5 of 1956. This petition was ultimately dismissed on 23-7-1958. But, on appeal carried by the aggrieved debtor, the District Court, Rajahmundry adjudged him an Insolvent on 10-8-1959, and that was affirmed on further appeal by some of the creditors by this Court. Meanwhile the appellant brought the suit giving rise to this appeal on 14-2-1959 impleading the debtor as the defendant. After he was adjudged an insolvent, he added the Official Receiver as the 2nd defendant.

(3.) Both the defendants remained ex parte.