S SIVA RAMA RAO Vs. SURESH TRADING CO

JUDGEMENT

(1.) This revision by the debtor under section 75 of the Provincial Insolvency Act, 1920 (referred to hereinafter merely as "the Act") is directed against the decree and judgment of the learned District Judge, Kurnool, dated 10th September, 1974 passed in A.S. No. 140 of 1973 by which the learned District Judge confirmed the order of the learned Subordinate Judge, Adoni, dismissing the Insolvency Petition No. 1 of 1972 filed by the petitioner.

(2.) The debtor, the petitioner herein, filed the insolvency petition under sections 7, 10 and 13 of the Act requesting the Court below to adjudicate him as an insolvent as he was unable to pay off his debts which he sustained in the course of business. That petition was resisted by the 1st respondent among others who is an attaching creditor.

(3.) The insolvency petition was dismissed by the trial Court on the ground that the petition was not maintainable under law as the debtor did not prove that he was unable to pay the debts.