RAMDAYAL Vs. SHANKARLAL

JUDGEMENT

(1.) THIS is an appeal against the order of the Sessions Judge at Aurangabad dated the 28th Azur 1356F (28 -10 -1946) in an insolvency matter. A Division Bench of this High Court referred to the Full Bench the whole appeal together with certain questions for our decision.

(2.) THE facts out of which this appeal arises are that appellant No. 1 Ramdayai submitted an application in the Court of the Sub Judge at Akola under S, 9 of the Provincial Insolvency Act praying that the n on -applicants (respondents) be adjudged as insolvents. The original non -applicants were Shankarlal Murlidhar and Tejmal who were alleged to be members of a joint Hindu family carrying on business under the name and style of "Ganeshdas Gulabchand". The Akola Court framed certain issues, out of which issue No. 2 was "whether the non -applicants were coparcenery members of a joint Hindu family trading under the name and style of "Ganeshdas Gulabchand". On 6th December 1939 the said Court allowed the petition and adjudged the non -applicants to have become insolvents. In pursuance of that order the Akola Court appointed on 7 -12 -1939 one V.R. Oak (present appellant No. 2) as official receiver.

(3.) AGAINST this decision the appeal under consideration before us has been filed and the Division Bench on 1 -3 -1359 F" corresponding to 1 -12 -1950 referred the appeal for disposal to this Full Bench stating that the following questions may be decided together with the case. The three questions referred to are as follows: