RAM NARAIN LAL Vs. ABUL KALAM

JUDGEMENT

(1.) This is an appeal by one of the creditors under Section 75 of the Provincial Insolvency Act (Act V of 1920) from the order of the learned Additional District Judge of Patna dated 13-8-1955, making an order of adjudication in favour of the debtor-respondent No. 1 under Section 27 (1) of the Act.

(2.) This appeal is not opposed by the respondents. Mr. Chuni Lal, whose name appeared in the list for the respondents, stated that he had no instructions in the appeal, and, therefore, he retired.

(3.) The only argument presented for determination, by Mr. Sarwar Ali, in support of the appeal, was that the court below had not followed the procedure indicated in Section 24 (1) (a) and its proviso, of the Act. He developed his argument by submitting that in the insolvency petition presented by the debtor-respondent, he did not state either the date of the two handnotes or even the fact as to when they were repayable which alone could show whether those handnotes were subsisting or had become barred by time. He further submitted that even at the hearing stage, the debtor-applicant did not take any step either to examine his creditors from whom, he alleged, he had taken loans on handnotes, or, even to call for the handnotes from them, which could satisfy the court whether those debts which were mentioned in the petition were fictitious or not, and, whether the conditions precedent required by Section 10 (1) of the Act had been complied with.