SHYAMSUNDAR DWIVEDY Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THIS appeal is filed against the order of the learned District Judge, Cuttack dismissing the application of the appellant to be adjudged an insolvent.

(2.) THE appellant took a forest lease for Rs. 17,500/ - on 13 -9 -50, paid two instalments due to the Government under that lease, but defaulted in payment of the balance amounting to about Rs. 8,900/ -. In consequence of this default, certain proceedings were taken and the amount was sought to be realised by detention of the appellant in civil prison when he filed this insolvency application.

(3.) MR . S.N. Dasgupta, the learned counsel appearing for the appellant contends that the order of the learned District Judge is contrary to law. He submits that the learned District Judge ought to have held that on the evidence adduced by the appellant, he made out a prima facie case that he was unable to discharge his debts. He also contends that the learned District Judge ought to have, on the strength of the decision in the case of Bhagirath Choudhry v. Mt. Jamuni, reported in AIR 1927 Pat 188 (A), ordered the appellant to be adjudged an insolvent. It was held in the said case, as quoted in the judgment: