DAMODAR MUKHERJEE Vs. BONWABILAL AGARWALLA

JUDGEMENT

(1.) BANERJEE, J.- This appeal is directed against an order passed by the learned District Judge of Purulia, exercising jurisdiction under the Provincial Insolvency Act. By that order, the learned District Judge allowed an application by one Kaluram Lodha, alias Kalooram Marwari, for inclusion of himself as a creditor, in respect of a debt under a decree amounting to Rs. 5381/-, in a pending insolvency proceeding.

(2.) THERE is no dispute about the facts here in below stated. Kalooram, the father of respondent No. 1, was an assignee of a promissory note, executed by the appellants Nos. 2 and 3. He instituted a suit, in the Court of the Subordinate Judge at Purulia, on the said promissory note, on July 31, 1936, and obtained a decree. The debtors, who are the present appellants Nos. 2 and 3, preferred an appeal against the aforesaid decree in the Court of the District Judge at Manbhum-Singhbhum. The learned District Judge reversed the decree passed by the trial court and dismissed the claim made by Kalooram. The date of the appellate decree was June 11, 1937.

(3.) WHILE the appeal was pending before the Court of the District Judge, three creditors, who are respondents Nos. 2 to 4 in this appeal, filed an application, on October 14, 1936, for adjudication of the appellants Nos. 2 and 3 as insolvents. There was an order, dated June 14, 1937, passed on the said application adjudging the appellants Nos. 2 and 3 as insolvents.